Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

The article examines the writings of one of the most influential political philosophers, Hannah Arendt, and specifically focuses on her views regarding the distinction between the private and the public and the transformation of the public to the social by modernity. Arendt’s theory of human activity and critique of modernity are explored to critically evaluate the social contributions and implications of reproductive technologies especially where the use of such technologies is most dominant within Western societies. Focusing on empirical studies on (...) new reproductive technologies in Israel, it is argued, powerfully demonstrates Arendt’s theory, and broadens the perspectives through which society should evaluate these new technologies towards a more reflective understanding of its current laws and policies and their affect on women more generally. (shrink)

: Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.

Ernst Cassirer viewed mythical thinking as a first step in our mental representation of the real world, but only a first step. What myth leaves out are the differentiations that lead eventually to science. To the primitive, mythically inclined mind, the world is an undifferentiated whole, the elements of which—including the mind itself—are thought to be concrete and interconnected. This means that there is no distinction between observer and observed, and that the observer sees the representations with which she constructs (...) her picture of reality as direct apprehensions of reality, untnediated by any sensory or cognitive categories. Far as that way of thinking may seem from the modern mindset, we have only to examine commonplace political ideas to find evidence of the implicit assumption of an unmediated connection between the wishes of poltical agents and the results they intend to achieve. (shrink)

Any plausible position in the ethics of war and political violence in general will include the requirement of protection of civilians (non-combatants, common citizens) against lethal violence. This requirement is particularly prominent, and particularly strong, in just war theory. Some adherents of the theory see civilian immunity as absolute, not to be overridden in any circumstances whatsoever. Others allow that it may be overridden, but only in extremis. The latter position has been advanced by Michael Walzer under the heading of (...) “supreme emergency.” In this paper, I look into some of the issues of interpretation and application of Walzer’s “supreme emergency” view and some of the criticisms that have been levelled against it. I argue that Walzer’s view is vague and unacceptable as it stands, but that the alternatives proposed by critics such as Brian Orend, C.A.J. Coady, and Stephen Nathanson are also unattractive. I go on to construct a position that is structurally similar to Walzer’s, but more specific and much less permissive, which I term the “moral disaster” view. According to this view, deliberate killing of civilians is almost absolutely wrong. (shrink)

Kierkegaard recognized that the changes ushered in by the revolutions of 1848 would profoundly affect human existence in both its political and personal dimensions. At the political level he was concerned that the new forms of government would not be able to govern any more effectively than the previous forms. Loquacity would be substituted for policy. Then, too, the new forms of government encouraged confusion about the actual locus of power; the appearances and the reality of power did not conform. (...) Also, the actual state represents ?interests?, and as a result, justice is jeopardized. To be sure, compromise will be evident in such an actual state, but is governing possible in and through such conflictual arrangements? What is the relation of the press (media) to the public, and these in turn to politics? (shrink)

Research in recent history has neglected to address the moral foundations of particular kinds of public policy such as the protection of intellectual property rights (IPRs). On the one hand, nation-states have enforced a tightening of the IPR system. On the other, only recently have national government and international institutions recognised that the moral justification for stronger IPRs protection is far from being plausible and cannot be taken for granted. In this article, IPRs are examined as individual rights founded upon (...) natural law, personality development, just reward and social utility. It is argued that these foundations cannot be philosophically sustained. IPRs constitute morally indefensible political developments which aim to reproduce the capitalist division of knowledge and labour at national, international and global levels. The need for such a critical approach to the moral foundations of IPRs has increased in importance as a consequence of their role in justifying corporate power, globalisation policies and harmonisation of such. (shrink)

Many educational theoretical approaches to cosmopolitanism tend towards an unconditional appreciation of mobility, diversity and rootlessness. The recent interest of educational philosophy in the rhizome, de-territorialization and diversity contributes to this understanding of cosmopolitanism as movement across a borderless and imperfect world. Without downplaying such insights, this article displaces and de-temporalizes them. It takes the form of a parody of the rhizome to view those insights from a different perspective and make them strike a different pedagogical note.

: Our stereotypes of maternity and paternity as manifest in the history of philosophy and psychoanalysis interfere with the ability to imagine loving relationships. The associations of maternity with antisocial nature and paternity with disembodied cul-ture are inadequate to set up primary love relationships. Analyzing the conflicts in these associations, I reformulate the maternal body as social and lawful, and I re-formulate the paternal function as embodied, which enables imagining our primary relationships as loving.

In this essay I argue that sports at their best qualify as final ends, that is, as ends whose value is such that they ground not only the practices whose ends they are, but everything else we do as human agents. The argument I provide to support my thesis is derived from Harry Frankfurt's provocative work on the importance of the things we care about, more specifically, on his claim that it is by virtue of caring about things and practices, (...) really caring about them ? even loving them ? we are able to regard and treat them as final ends. Sports, I claim, are paradigmatic examples of practices cared about and loved in these deep ways, and as such deserve to be considered, rather than dismissed because of their supposed triviality, as one of those ends around which a life most worth living can be legitimately forged. (shrink)

: This article presents Irigaray as a philosopher committed to sociopolitical change by discussing her political thought and her engagement with the European Parliament. It traces her recent work with the ex-Communist Party in Italy back to her early critique of Marx and her subsequent attraction to Hegel's civil definition of the person. The failure of her European Parliament initiative suggests that her thinking is in advance of its possible realization.

This paper situates Bogdanov in the context of social theory generally and socialist theory in particular. It outlines briefly the principal characteristics of his mature system, and assesses the strengths and weaknesses of his approach to the fundamental problems of social thought. The paper devotes particular attention to the problem of just how systems develop from less complex to more complex forms of organization, and evaluates Bogdanov’s solution to this problem against the background of populist, social democratic, and Leninist alternatives.

This paper situates Bogdanov in the context of social theory generally and socialist theory in particular. It outlines briefly the principal characteristics of his mature system, and assesses the strengths and weaknesses of his approach to the fundamental problems of social thought. The paper devotes particular attention to the problem of just how systems develop from less complex to more complex forms of organization, and evaluates Bogdanov's solution to this problem against the background of populist, social democratic, and Leninist alternatives.

In this paper I shift the center of utopian debates away from questions of ideology towards the question of power. As a new point of departure, I analyze Foucault's notion of biopower as well as Hardt and Negri's theory of biopolitics. Arguing for a new hermeneutic of biopolitics in education, I then apply this lens to evaluate the educational philosophy of John Dewey. In conclusion, the paper suggests that while Hardt and Negri are missing an educational theory, John Dewey is (...) missing a concept of democracy adequate to the biopolitical struggles of the multitude. Thus, I call for a synthesis of Dewey and Hardt and Negri in order to generate a biopedagogical practice beyond both traditional models of education as well as current standardization. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue (...) of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

In this essay, I investigate the origins of Chinese migrant transnationalism and its personal and social consequences. I propose a theoretical perspective that turns on a synthesis that I shall call “cultural functionalism,” a synthesis that attempts to reconcile functionalism and postmodernism. My argument is that Chinese transmigrants overcome modern alienation through a two-way approach: first, a strong participation in and full commitment to community development and connectivity within the Chinese diaspora ; and, second, a religio-cultural renaissance—both being conceived of (...) as constituting a putative “cultural contract” and “social capital” nexus. (shrink)

Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...) is relative to preconceptions of human rights. Implications for freedom of contract are discussed.[O]n the whole, market competition, when it is permitted to work, protects the consumer better than do the alternative government mechanisms that have been increasingly superimposed on the market. ... If one storekeeper offers you goods of lower quality or of higher price than another, you're not going to continue to patronize his store. If he buys goods to sell that don't serve your needs, you're not going to buy them. The merchants therefore search out all over the world the products that might meet your needs and might appeal to you. And they stand back of them because if they don't, they're going to go out of business. When you enter a store, no one forces you to buy. You are free to do so or go elsewhere. That is the basic difference between the market and a political agency. You are free to choose (Friedman and Friedman, 1979, 222–223). (shrink)

I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...) special status allowed to science. It considers the possibility of combining one moment of philosophical thinking, namely ethics, with science in the midst of such modal separateness. I first offer a general introduction of how to approach Oakeshott's views on science. The next section stresses philosophy and its relation to science. This is followed by an elaboration of what the modes of experience are meant to be and how science is placed among them. An examination of Oakeshott's more particular views on science concludes the essay. (shrink)

An individual is in the lowest phase of moral development if he thinks only of his own personal interest and has only his own selfish agenda in his mind as he encounters other humans. This lowest phase corresponds well with sixteenth century British moral egoism which reflects the rise of the new economic order. Adam Smith (1723–1790) wanted to defend this new economic order which is based on economic exchange between egoistic individuals. Nevertheless, he surely did not want to support (...) the moral theory of British egoism. His book The Wealth of Nations suits well into the world view of British moral egoism, but in the book The Theory of Moral Sentiments, he presents a moral theory which is the total opposite of moral egoism. Contemporary German intellectuals saw contradiction in Adam Smith’s moral (social) philosophy which they called as Das Adam - Smith - Problem . Smith himself didn’t think that there is any contradiction in a situation where in economic sphere (civil society) individual act egoistically and in ethical sphere (encounter with the imagined Other) he feels humanity and compassion toward his fellow men. Hegel was a passionate reader of Adam Smith and he acknowledged Das Adam - Smith - Problem . He set the task of his social philosophy to overcome this paradox. He wanted to create a theory of a social totality where economic egoism and feelings of humanity are not in contradiction. In the same time Hegel wanted to create a theory on Bildung process where human spirit develops from moral un-freedom (heteronomy) to moral freedom and maturity (autonomy) taking care both aspect of love and reason. In certain Hegel’s texts notion of recognition plays crucial role. That is why modern Hegelians Ludwig Siep, Axel Honneth and Robert Williams consider the notion of recognition to be elementary in Hegel’s threefold theory of developing human spirit from family via civil society to sittliche state . For Hegel family is a sphere where people love their “concrete other” and where feeling surpasses reason. Civil Society is a sphere of private contracts and economic exchanges where cold egoistic and calculative reason surpasses feelings. In the sphere of State the contradiction between family and Civil Society ( Das Adam - Smith - Problem ) is solved by “rational feeling”. According to Hegel State should protect citizens from alienating effect of egoistic reason of Civil Society and cultivate “family-feelings” to rational feelings which integrate citizen into “sittliche community” through reciprocal process of recognition. In this article I want to consider Hegelians Honneth’s and Williams’s relevance to the theory of moral development. (shrink)

The tension between liberalism and democracy is very likely to become one of the major confliction fields of the early twenty-first century. Those conflicts include the redefinition of the relationship between ethics, morality, and law—in all the three spheres of modernity: the intimate, the private and the public. It turns out that all three aspects of the relationship once described by Hegel (law, morality and Sittlichkeit) remain equally decisive to maintain or regain the balance of freedoms in the modern world. (...) There is no justice, nor is there equity—unless this balance is maintained. Law—in this context—is not just the defender of the “universal” aspect, but preferably also that of the balance of freedoms (both through interfering, and through the denial of interference in “ethical life”). (shrink)

Kant identifies the “highest moral-physical good” as that combination of “good living” and “true humanity” which best harmonises in a “good meal in good company”. Why does Kant privilege the dinner party in this way? By examining Kant’s accounts of enlightenment, cosmopolitanism, love and respect, and gratitude and friendship, the answer to this question becomes clear. Kant’s moral ideal is that of an enlightened and just cosmopolitan human being who feels and acts with respect and love for all persons and (...) such an ideal is temporarily manifested in the sort of social interaction achievable at a good dinner party. (shrink)

This article examines the continuing use of problematic sexual stereotypes at appellate level in the English and Welsh legal system. Using five cases as illustrations, it argues that, notwithstanding professional training and guidance on sexual equality matters, certain senior judges in this jurisdiction still at least sometimes openly employ crude and problematic sexual stereotypes in their judgments or fail to deal appropriately with the use of these stereotypes by trial judges. The central point is that there is still a significant (...) problem with the open use of crude sexual stereotypes in legal reasoning at a senior level in this jurisdiction, despite the pressure on all members of the legal system to appear to be ‘politically correct’. (shrink)

Hallelujah! God Bless America! No one has these prices—Only Daniela High Fashion Dresses. High class merchandise at low low prices. 649 Lexington Avenue, New York, NY 10022. Business card of a Manhattan dress shop. By associating welfare provisions and other (selected) government interventions with socialism/communism and conversely the free enterprise system with loyalty, patriotism, the American Dream, the American way of life, the propagandists are doing no more than manipulating the appropriate Satanic and Sacred symbols. A. Carey,Taking the Risk Out (...) of Democracy. (shrink)

Through a re-reading of Antigone, I offer a critique of Hegel's use of the story to illustrate the unity which emerges from the representation of sexual difference in ethical life. Using Hegel's own account of habits, as the mechanism by which the body becomes a sign of the self, I argue that the pretense of social unity assumes the proper construction and representation of one body only. This critique is brought to bear upon contemporary moves towards a post-Hegelian ethics of (...) difference. (shrink)

This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates (...) the racial Anglo-Saxonism of Hegel's ruminations on marriage and on the state, and highlights its reverberation within the political philosophy that justified the criminalization of polygamy and its supporting institutions in the nineteenth century and in contemporary immigration policy and same-sex marriage advocacy in Canada and the United States. (shrink)

The most valuable political theoretical contribution made by Marx's idea of socialism is towards the resolution of the seeming opposition of mass democracy and rational government. Marx follows Hegel's redefinition of political rationalization as the actualization of the nascent self?consciousness of the existing ethical world when he uses socialism as a statement of those tendencies of bourgeois society that will create the perspectives of social awareness that allow mass democracy. This thesis is made against aspects of the interpretation of Marx's (...) relation to Hegel in Bolshevik political theory. I claim that the Bolshevik idea of socialism as the militant political intervention of the dictatorship of the proletariat develops, through Engels, a position taken with respect to Hegel's philosophy of right in Marx's Rhenish Journal articles. This idea is, however, pre?Hegelian in the sense that it is open to a democratic criticism based on the philosophy of right understood in an alternative fashion. In his writings after leaving the Rhenish Journal and up to the Economic and Philosophical Manuscripts Marx makes this alternative available, and the notion of socialism he arrives at here turns on an awareness of the contradictions which make the militant political imposition of freedom impossible. Whereas for Bolshevism socialism is to be imposed on existing society, for Marx it is more the development within that society that makes possible mass democratic freedom. (shrink)

This study analyzes the at-will employment doctrine using a tool that encompasses the complementarity of results-based utilitarian ethics, rule-based duty ethics, and virtue-based character ethics. The paper begins with a discussion of the importance of the problem followed by its evolution and current status. After describing the method of analysis, the central section evaluates the employment at-will doctrine, and is informed by Lord Acton's dictum, "power tends to corrupt, and absolute power corrupts absolutely." The conclusion explores the implications of the (...) findings. (shrink)

The overall aim of the article is to analyse how the universal right to education have been built, legitimized and used. And more specifically ask who is addressed by the universal right to education, and who is given access to rights and to education. The first part of the article focus on the history of declarations, the notion of the universal right to education, emphasizing differences in matters of detail—for example, the meaning of ‘compulsory’, ‘children’s rights’ or ‘parents’ rights’—and critically (...) examining the right of the child and the right of the parent in terms of tensions between ‘social rights’ and ‘private autonomy rights’. Despite differences in detail, the iterations of the universal right to education do share to the full in the idea of education as such. In the second part the attempt to scrutinize the underlying assumptions legitimizing the consensus on education, focusing again on the notion of the child. In conclusion I argue that a certain notion of what it is to be a human being is inscribed within the circle of access to rights and education. These notions of what it means to be a child, a parent, a citizen or a member of the ‘human family’ are notions of enlightenment and humanity and, to my understanding, aspects of how democracy is configured around freedom, equality and fraternity. (shrink)

: This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.

Sami Pihlström argues in his “Ethical Unthinkabilities and Philosophical Seriousness” that there are some philosophical views that are so dangerous that we should not discuss them. He advances this argument with special reference to my (anti-natalist) view that being brought into existence is always a serious harm. In response I argue: (a) that there are major flaws in his argument for the conclusion that we should not think about (purportedly) unthinkable views; and (b) that my views about the harm of (...) coming into existence are in any event neither unthinkable nor dangerous. (shrink)

Under the influence of groundbreaking work by John Meyer and Brian Rowen, as well as Paul DiMaggio and Walter Powell, over the last 30 years research in the new sociological institutionalism has focused on processes of isomorphism. I argue that this is a one-sided focus that leaves out many insights from other institutional and macrosociological approaches and does not do justice to actual social change because it overlooks the role played by divergent institutional development. While the suggestion of divergent trends (...) is not new, there have been few attempts to integrate divergence into the theoretical premises of the new sociological institutionalism. Based on the typology proposed by DiMaggio and Powell, I show that the mechanisms identified by them as sources of isomorphic change can support processes of divergent change as well. The theoretical challenge is to identify conditions under which these mechanisms push institutional change toward homogenization or divergence. (shrink)

The object of this paper is to throw light on the reciprocal exchanges between legal philosophy and the theory of speech acts (as developed by Austin and Searle). The first part concerns the contributions to legal philosophy made by the theory of speech acts with a view to developing new perspectives. The second part deals with the contributions of legal philosophy to speech act theory.