ABSTRACT:Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)

Since its origin bioethics has been a specialized, academic discipline, focussing on moral issues, using a vast set of globalized principles and rational techniques to evaluate and guide healthcare practices. With the emergence of a plural society, the loss of faith in experts and authorities and the decline of overarching grand narratives and shared moralities, a new approach to bioethics is needed. This approach implies a shift from an external critique of practices towards embedded ethics and interactive practice improvement, and (...) from a legal defence of rights towards fostering interdependent practices of responsibility. This article describes these transitions within bioethics in relation to the broader societal and cultural dynamics within Western societies, and traces the implications for the methodologies and changing roles of the bioethicist. The bioethicist we foresee is not just a clever expert but also a relationally sensitive person who engages stakeholders in reciprocal dialogues about their practice of responsibility and helps to integrate various sorts of knowledge (embodied, experiential, visual, and cognitive-scientific). In order to illustrate this new approach, we present a case study. It concerns a project focusing on an innovation in elderly care, based on the participation of various stakeholders, especially older people themselves. (shrink)

Media outlets, industry researchers, and policy-makers are today busily extolling new robotic advances that promise to transform agriculture, bringing us ever closer to self-farming farms. Yet such techno-optimist discourse ignores the cautionary lessons of past attempts to mechanize farms. Adapting the Social Construction of Technology framework, we trace the history of efforts to replace human labor with machine labor on fruit, nut, and vegetable farms in California between 1945 and 1980—a place and time during which a post-WWII culture of faith (...) in the beneficence of technoscience applications to agriculture reached an apex. The degree to which and forms whereby mechanization gains momentum hinges on whether, how, and among whom a technological frame for mimicking human capabilities and supplanting workers coalesces. These frames, we find, vary considerably across crops, reflecting complex interactions of biology, farmer and farm worker behavior, industry supply chains, agricultural research and development, financial flows, and beliefs about labor, race, gender, and immigration. To tease out these complex dynamics, we draw directly from archival evidence to follow the development of cultivation and harvest machines through four cases spanning a spectrum of outcomes—tomatoes, nuts, peaches, and lettuce. In comparing across these cases, we find that although agricultural engineers, scientists, and their boosters framed mechanization as a triumphal narrative of progress in ‘human vs. nature’ conflicts, this techno-optimist rhetoric camouflaged deeper ‘human vs. human’ conflicts, particularly among agribusiness, farmers, and farm workers. We conclude with several insights that this historical study brings to the study of agricultural automation today. (shrink)

Previous research indicates that the depletion of self-regulatory resources can promote unethical behavior that benefits the self. Extending this literature, we focus on norm-transgressing behavior that is intended to primarily benefit others. In particular, we predicted a differing effect of self-regulatory resource depletion on dishonesty that benefits one’s group, depending on the degree of identification with the group. Following a dual process approach, we argue that if identification with the group is strong, then people may have an automatic inclination to (...) benefit their group even perhaps by lying. In contrast, if identification with the group is weak, then the default, uncontrolled impulse may be to tell the truth. Accordingly, identification with the social group should interact with self-regulatory resource depletion in predicting group-benefiting dishonesty. Focusing on pro-organizational dishonesty, we tested our hypotheses in one field study with 1269 employees and in one experimental study with 71 university students. As predicted, the results revealed a highly significant interaction of organizational identification and self-control strength: Depletion of self-regulatory resources increased the level of pro-organizational dishonesty among those who identify highly with the organization, but decreased the level of such behavior among those who identify less. (shrink)

More and more companies are publicly taking a stand on social and political issues such as gay marriage legislation. This paper argues that this type of engagement, which can be called “corporate political advocacy,” raises new conceptual and normative challenges especially for theories of corporate responsibility. Furthermore, it poses practical challenges for managers who are confronted with it. This paper addresses all three challenges: first, it defines and conceptualizes corporate political advocacy and distinguishes it from other forms of corporate political (...) involvement. Second, it makes normative sense of corporate advocacy as an element of corporate responsibility. Third, it reflects on the practical implications for managers dealing with this issue. (shrink)

An emerging discourse about automated agricultural machinery imagines farms as places where farmers and workers do not need to be, but also implicitly frames farms as intolerable places where people do not want to be. Only autonomous machines, this story goes, can relieve farmers and workers of this presumed burden by letting them ‘farm at a distance’. In return for this distanced autonomy, farmers are promised increased control over their work-life balance and greater farm productivity from letting ‘smart’ robots assume (...) control over the operational environment. Drawing upon the ways that these machines are promoted by manufacturers in various media, we trace the nascent contours of what we term a liberatory sociotechnical imaginary for agricultural automation across three cases—automated milking systems, self-driving tractors, and robotic strawberry pickers. We show how promises for new freedoms and autonomy are flexibly deployed to respond to distinct frictions that farmers, workers, and even farm animals experience in different modes of industrial agriculture. However, underlying these promises is the purposefully understated self-interest of manufacturers, who stand to gain further control over farms if automated technologies assume a central role in agriculture. Through the liberatory rhetoric, we contend, the imaginary seeks to enroll farmers into a socio-technical network that creates new relations of dependence upon the companies who design, sell, maintain, and often retain ownership over automated technologies. While potentially powerful, this imaginary may nonetheless fail to coalesce as farmers, workers, and agroecosystems exert their own agency on automated imaginaries and technological futures for agriculture. (shrink)

Scholarship flourishes in inclusive environments where open deliberations and generative feedback expand both individual and collective thinking. Many researchers, however, have limited access to such settings, and most conventional academic conferences fall short of promises to provide them. We have written this Field Report to share our methods for cultivating a vibrant intellectual community within the Science and Technology Studies Food and Agriculture Network (STSFAN). This is paired with insights from 21 network members on aspects that have allowed STSFAN to (...) thrive, even amid a global pandemic. Our hope is that these insights will encourage others to cultivate their own intellectual communities, where they too can receive the support they need to deepen their scholarship and strengthen their intellectual relationships. (shrink)

Interdisciplinary research needs innovation. As an action-oriented intervention, this Manifesto begins from the authors’ experiences as social scientists working within interdisciplinary science and technology collaborations in agriculture and food. We draw from these experiences to: 1) explain what social scientists contribute to interdisciplinary agri-food tech collaborations; (2) describe barriers to substantive and meaningful collaboration; and (3) propose ways to overcome these barriers. We encourage funding bodies to develop mechanisms that ensure funded projects respect the integrity of social science expertise and (...) incorporate its insights. We also call for the integration of social scientific questions and methods in interdisciplinary projects from the outset, and for a genuine curiosity on the part of STEM and social science researchers alike about the knowledge and skills each of us has to offer. We contend that cultivating such integration and curiosity within interdisciplinary collaborations will make them more enriching for all researchers involved, and more likely to generate socially beneficial outcomes. (shrink)

This paper presents a report on the first Swiss Master Class in Corporate Social Responsibility, which was held between the 8th and 9th December 2006 at HEC Lausanne in Switzerland. The first section of the report introduces the topic of the master class – ‚Corporations as Political Actors – Facing the Postnational Challenge’ – as well as the concept of the master class. The second section gives an overview of papers written by nine young scholars that were selected to present (...) their research. The brief summary of each paper also includes a summary of comments from the masters, practitioners, and NGO representatives at the event. The third section brings in the perspectives of one master and one NGO representative on the discussed issues. The final section offers a brief wrap-up of the discussed topics and outlines ways to structure future conceptual and empirical research. (shrink)

When it comes to understanding the genesis and development of Heidegger’s thought, it would be rather difficult to overestimate the importance of the “Aristotle-Introduction” of 1922, Heidegger’s “Phenomenological Interpretations with Respect to Aristotle.” This text is both a manifesto which describes the young Heidegger’s philosophical commitments, as well as a promissory note which outlines his projected future work. This Aristotle-Introduction not only enunciates Heidegger’s broad project of a philosophy which is both systematic and historical; it also indicates, in particular, why (...) a principal (or fundamental) ontology can be actualized only through a destruction of the history of ontology. This text anticipates several central themes of Being and Time (e.g., facticity, death, falling), and also foreshadows some of the issues which were to occupy the later Heidegger (e.g., “truth” as a heterogenous process of unconcealment). There is no doubt that much can – and will – be written on the meaning and implications of this important text. But instead of making my own, early contribution to such a secondary literature, I have decided to limit myself in this “Preface” to a few brief remarks concerning the historical background to Heidegger’s “Phenomenological Interpretations with Respect to Aristotle.”. (shrink)

This paper presents a report on the first Swiss Master Class in Corporate Social Responsibility, which was held between the 8th and 9th December 2006 at HEC Lausanne in Switzerland. The first section of the report introduces the topic of the master class – ‚Corporations as Political Actors – Facing the Postnational Challenge’ – as well as the concept of the master class. The second section gives an overview of papers written by nine young scholars that were selected to present (...) their research. The brief summary of each paper also includes a summary of comments from the masters, practitioners, and NGO representatives at the event. The third section brings in the perspectives of one master and one NGO representative on the discussed issues. The final section offers a brief wrap-up of the discussed topics and outlines ways to structure future conceptual and empirical research. (shrink)

According to Immanuel Kant’s well-known account of his own intellectual development, it was the skeptic David Hume who roused him from his dogmatic slumber. According to some popular accounts of post-Kantian philosophy, it was the soporific speculation of the idealists that quickly returned German philosophy to the Procrustean bed of unverifiable metaphysics, where it dogmatically slept for half of the nineteenth century. This popular picture of post-Kantian German philosophy receives some apparent support from the relevant evidence. After all, Kant had (...) allegedly demonstrated the illegitimacy of all metaphysical speculation that transcends the bounds of experience, and the writings of the German idealists - filled as they are with references to what is putatively “absolute” and “unconditioned” - seem to violate Kant’s strictures. In place of this popular conception, I seek to sketch out a rather difference picture of German idealism. The development of post-Kantian German idealism is best described, not as a turning away from skepticism, but rather as a radicalization of it. The radicalization of skepticism from Kant through Fichte to Hegel, however, does not lead away from systematic philosophy. The movement of thought from Kant to Hegel coincides with the gradual realization that skeptical thought is not external to systematic philosophy, but is in fact internal to, or even identical with it. This thesis concerning the progressive “radicalization” or “internalization” of skepticism in German idealism receives some prima facie support form the relevant writings of Kant, Fichte, and Hegel. (shrink)

This article discusses the challenging context that health care professionals are confronted with, and the impact of this context on their emotional experiences. Care ethics considers emotions as a valuable source of knowledge for good care. Thinking with care ethical theory and looking through a care ethical lens at a practical case example, the authors discern reflective questions that shed light on a care ethical approach toward the role of emotions in care practices, and may be used by practitioners and (...) facilitators for care ethical reflection on similar cases, in the particular and concrete context where issues around emotional experiences arise. The authors emphasize the importance of allowing emotions to exist, to acknowledge them and to not repress them, so that they can serve as a vehicle for ethical behavior in care practices. They stress the difference between acknowledging emotions and expressing them limitlessly. Formational practices and transformational research practices are being proposed to create moral space in care institutions and to support health care professionals to approach the emotionally turbulent practices they encounter in a way that contributes to good care for all those involved. (shrink)

Marx’s theory of historical materialism seeks to explain human history and development on the basis of the material conditions underlying all human existence. For Marx, the most important of all human activities is the activity of production by means of labor. With his focus on production through labor, Marx argues that it is possible to provide a materialistic explanation of how human beings not only transform the world (by applying the “forces of production” to it) but also transform themselves in (...) transforming the world (by entering into “relations of production” with one another). For Marx, the productive labor of human beings – and the resulting interplay between the forces and relations of production – function together as the engine which drives all historical change and development. By understanding how the productive activities of human beings give rise to the division of labor and class conflict, it becomes possible, according to Marx, to understand how different historical epochs succeed one another, and how the trajectory of human history points towards a communist society within which the division of labor and class conflict will be abolished. (shrink)

Johann Joachim Winckelmann (1717–68) was not a philosopher. In fact, Winckelmann had a strong interest in distancing himself from academic philosophy as he knew it. As Goethe reports, Winckelmann “complained bitterly about the philosophers of his time and about their extensive influence.” Still less was Winckelmann a Kantian philosopher; the first edition of Immanuel Kant’s Critique of Pure Reason did not appear until 1781, thirteen years after the fifty-year-old Winckelmann was shockingly murdered in Trieste. Nevertheless, many of Winckelmann’s ideas were (...) philosophically rich and suggestive and interestingly relevant to the philosophical problems that were later to be addressed by Kant and his philosophical contemporaries. It is no wonder, then, that Winckelmann’s influence can be detected in the works of some of the most important philosophically oriented thinkers of Germany in the late eighteenth and early nineteenth centuries. In addition to Kant himself, these thinkers included Gotthold Ephraim Lessing (1729–81), Johann Gottfried von Herder (1744–1803), Johann Wolfgang von Goethe (1749–1832), Friedrich Schiller (1759–1805), Friedrich Hölderlin (1770–1843), Friedrich Wilhelm Joseph Schelling (1775–1854), and Georg Wilhelm Friedrich Hegel (1770–1831). (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, and (...) the foundations of modern political organization. This volume offers a complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

This paper offers a brief account of Finnis' Natural Law Legal Theory (NLLT), primarily as it is presented in Natural Law and Natural Rights, and then defends Finnis' NLLT against the recent legal positivist criticism made by Matthew H. Kramer.

This chapter contains sections titled: Kant's Anti‐Cartesianism Kant on the Highest Good and the Practical Necessity of Belief in God's Existence The Moral Proof at the Tübinger Stift and Its Fate Self‐Positing and the “Only True and Thinkable Creation out of Nothing” The Way to Absolute Knowing in Hegel's Phenomenology.

Kant’s “transcendental” or “critical” philosophy is an instance of what can be called the “critique of immediacy.” As part of his critical project, Kant argues that one cannot merely assume that there is a reestablished harmony between thought and being. Instead, one must effect a “return to the subject” and examine the forms of thought themselves, in order to determine the extent to which thought and being are commensurable. As a result of his “transcendental turn,” Kant concludes that what at (...) first appears as immediately given to thought is always already (at least partly) the result of some kind of activity or mediation on the part of the thought itself. Hegel approves of Kant’s critical orientation: Kant correctly demanded to know “how far the forms of thought were capable of leading to the knowledge of truth,” and correctly concluded that “the forms of thought must be made into an object of investigation.” However, for Hegel, the problem with Kant was that he aimed to examine the forms of thought as if they were necessarily separated from being itself. Thus the Kantian strategy, for Hegel, led to a twofold absurdly. (shrink)

According to some critics, the putative superficiality of Winckelmann's appropriation of the Greek legacy is just one instance of the emptiness that characterizes the appropriation of the Greeks by the Germans in general. Thus Eliza Maria Butler has spoken of the 'tyranny of Greece over Germany': 'If the Greeks are tyrants, the Germans are predestined slaves ... The Germans have imitated the Greeks more slavishly; they have been obsessed by them more utterly, and they have assimilated them less than any (...) other race.” Not coincidentally, the putative freedom or unfreedom of one's appropriation of the Greek ideal is one of the basic problems at issue in this chapter. In the following pages, I argue that Winckelmann not only understood this basic problem but also touched on its actual solution, albeit in an inadequate, aesthetic manner. I go on to suggest that Hegel articulated this solution in an adequate and properly philosophical manner. (shrink)

More than thirty-five years after its first release in 1971, Don McLean’s “American Pie” still resonates deeply with music listeners and consumers of popular culture. In a 2001 public poll sponsored by the National Endowment for the Arts and the Recording Industry Association of America, McLean’s eight-and-a-half-minute masterpiece was ranked number 5 among the 365 “most memorable” songs of the twentieth century. In 2002, the song was voted into the Grammy Hall of Fame. In 1997, Garth brooks performed “American Pie” (...) at a concert in Central Park, and in 2000, pop icon Madonna performed her own version of “American Pie” on the soundtrack of her movie The Next Best Thing. In 1999, American Pie became the title of a popular – and irreverently comical – coming-of-age movie starring Jason Biggs (the movie American Pie was followed by American Pie 2 in 2001, American Wedding in 2003, and American Pie Present – Band Camp in 2005). Like the movie to which it lent its name, the song “American Pie” presents a coming-of-age narrative; and, also like the movie, the song appealed strongly and immediately to its contemporary audience. Three months after its release in November of 1971, the song reached the number one slot on the charts in January of 1972, and it remained in the Top 40 for a total of seventeen weeks (longer than any other single during the year of 1972). Unlike the movie, however, the song “American Pie” is highly nuanced and sophisticated, containing multiple allusions and layers of meaning which challenge and heighten our understanding of rock ’n’ roll music and the possibility of self-reflection and self-critique in popular culture. (shrink)

In his paper, "Free Choice, Incommensurable Goods and the Self-Refutation of Determinism,"' Joseph Boyle seeks to show how the argument for the self-refutation of determinism - first articulated over twenty-five years ago - is an argument whose force depends on (first) a proper understanding of just what free choice is, and (secondly) a proper understanding of how free choice is a principle of moral responsibility. According to Boyle, a person can make a genuinely free choice only if he is presented (...) with alternative options that are incommensurable in their goodness or desirability. If the goodness or desirability of alternative options could be commensurated, or compared in accordance with some common standard, then it would be possible in principle for a person to determine which of the two options offered more, and which offered less, of the same sort of good represented by the two options. But if this sort of commensuration or comparison were possible, according to Boyle, then there would really be no need to choose. Rather, the only task that would have to be performed in order to determine the person's selection among alternative options would be the task clarifying or calculating which of the alternative options offered most fully what it is that makes both options desirable in the first place. Once the clarification or calculation is done, there would be no need-and in fact, no possibility--of really choosing: the calculation alone would settle which option is the best option, and thus which option is to be selected. Now if genuinely free choice requires that the choosing person be presented with options that are incommensurable in goodness or desirability, then it also seems to be the case that genuine choice-and the moral responsibility that goes along with it-requires that the person be presented with alternative possibilities from which to choose. And yet some compatibilist thinkers have held that moral responsibility does not really require the presence of alternative possibilities. In particular, Harry G. Frankfurt has sought to show (by means of counter-example) that a person can be a moral agent and morally responsible, even if the person did not, in fact, have any alternative possibilities available to him (that is, even if the person could not have done otherwise). Frankfurt's counter-example offers a direct challenge to the sort of incompatibilism that Boyle seeks to defend; and so Boyle is quite right to address Frankfurt head-on. For if Frankfurt is right, then it is erroneous to hold "the principle of alternative possibilities" (the principle that a person can be morally responsible for what he has done, only if he had alternative possibilities, or only if he could have done otherwise). But if it is erroneous to hold the principle of alternative possibilities, then it also seems erroneous to hold the more robust position that Boyle wishes to defend: namely, the position that moral responsibility requires not only alternative possibilities, but also alternative possibilities representing options that are incommensurable in their goodness. (shrink)

The thought of G. W. F. Hegel (1770 -1831) has had a deep and lasting influence on a wide range of philosophical, political, religious, aesthetic, cultural and scientific movements. But, despite the far-reaching importance of Hegel's thought, there is often a great deal of confusion about what he actually said or believed. G. W. F. Hegel: Key Concepts provides an accessible introduction to both Hegel's thought and Hegel-inspired philosophy in general, demonstrating how his concepts were understood, adopted and critically transformed (...) by later thinkers. The first section of the book covers the principal philosophical themes in Hegel's system: epistemology, metaphysics, philosophy of mind, ethical theory, political philosophy, philosophy of nature, philosophy of art, philosophy of religion, philosophy of history and theory of the history of philosophy. The second section covers the main post-Hegelian movements in philosophy: Marxism, existentialism, pragmatism, analytic philosophy, hermeneutics and French poststructuralism. The breadth and depth of G. W. F. Hegel: Key Concepts makes it an invaluable introduction for philosophical beginners and a useful reference source for more advanced scholars and researchers. (shrink)

Michael Baur, "Situating Hegel: From Transcendental Philosophy to a Phenomenology of Spirit," in the Palgrave Hegel Handbook, edited by Marian Bykova and Kenneth Westphal (New York, NY: Palgrave Macmillan, 2020).

One of the defining characteristics of Kant’s “critical philosophy” is what has been called the “critique of immediacy” or the rejection of the “myth of the given.” According to the Kantian position, no object can count as an object for a human knower apart from the knower’s own activity or spontaneity. That is, no object can count as an object for a human knower on the basis of the object’s givenness alone. But this gives rise to a problem: how is (...) it possible to accept the Kantian critique of immediacy while also giving an epistemologically adequate account of the constrained or finite character of human knowing (i.e., an account that does not rely on some appeal to what is simply “given”)? This paper examines how this crucial question is addressed (with more or less success) in the “critical philosophies” of Kant, Lonergan, and Fichte. (shrink)

Hegel’s most abiding aspiration was to be a volkserzieher (an educator of the people) in the tradition of thinkers of Moses Mendelssohn (1729-1786), Gotthold Ephraim Lessing (1729-1781), and Friedrich Schiller (159-1786). No doubt, he was also deeply interested in epistemology and metaphysics, but this interest stemmed at least in part from his belief (which Kant also shared) that human beings could become truly liberated to fulfill their vocations as human beings, only if they were also liberated from the illusions and (...) contradictions that plagued uncritical thinking about self, world, and God. Thus to appreciate Hegel’s work in epistemology and metaphysics, one must first appreciate how he (following Kant) sought to think beyond the “special metaphysics” of self, world, and God as developed by Descartes and other pre-critical philosophers. The aim of this chapter is to analyze aspects of Hegel’s critical appropriation and transformation of Kantian thought, shedding light not only on Hegel’s own understanding of his move beyond Kant, but also on the philosophical reasons that might justify such a move. (shrink)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

By way of engagement with the thought of Plato, Aristotle, Aquinas, Heidegger, Lonergan, and neo-Thomism more broadly, Michael Baur and Gadamer discuss historicity, the Enlightenment and scientism, the epistemic implications of hylomorphism, and the nature of human finitude and death.

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history of modern (...) thought on law and politics. (shrink)

The Hegelian and the Thomistic accounts of self-knowledge are solidly Aristotelian in their origins and motivations. In their conclusions and consequences, however, the two accounts exhibit significant differences. Hegel argues that genuine self-knowledge is necessarily social and historical, while Aquinas says nothing about history or society in his account of self-knowledge. The aim of this paper is not to decide the issue concerning historicity in favor of either Hegel or Aquinas. The aim here is rather to address a prior question: (...) what are the systematic and philosophical reasons for the difference between the two thinkers? In order to articulate this difference between the two, we might begin by considering an underlying similarity: their common Aristotelian background. (shrink)

As I hope to show in this paper, Fichte’s rejection of traditional social contractarian accounts of human social relations is related to his rejection of the search for a criterion, or external standard, by which we might measure our knowledge in epistemology. More specifically, Fichte’s account of the impossibility of a normative social contract (as traditionally construed) is related to his account of the impossibility of our knowing things as they might be “in themselves,” separate from and independent of our (...) own activity in knowing them. Addressing the question of whether we finite human knowers can ever transcend the limits of our own consciousness, Fichte argues that Hume was not sufficiently critical: “…the Humean system holds open the possibility that we might someday be able to go beyond the boundary of the human mind, whereas the Critical system proves that such progress is absolutely impossible, and it shows that the thought of a thing possessing existence and specific properties in itself and apart from any faculty of representation is a piece of whimsy, a pipe dream, a nonthought.” In a very real sense, then, Fichte aims to “out-Hume” Hume on the question of whether we can ever know “things-in-themselves” or an external criterion for testing our knowledge. That is, Fichte goes beyond Hume and insists on the necessary – and not merely contingent – character of our ignorance of so-called things-in-themselves (i.e., things that supposedly exist antecedent to and independent of our consciousness of them). But unlike Hume, Fichte argues that radical skepticism regarding all possible knowledge of things-in-themselves does not undermine – but actually confirms and sustains – our belief in the emancipatory power of reason. (shrink)

The movie Memento (2000) broaches several interrelated philosophical questions concerning human knowledge, personal identity, and the human search for meaning. For example, is our knowledge based mainly on conclusions reached through our own reason, or is it based instead on habituation and conditioning brought about by forces outside of us? What is the role that memory plays in our knowledge? Furthermore, what is the relationship between memory and personal identity? And what is the relationship between memory, personal identity, and the (...) human search for meaning? Can one meaningfully pursue projects in life that one has not chosen for oneself? While Memento does not resolve all of these issues, it does suggest some provocative answers that are bound to make us think differently about human knowledge, personal identity, and the meaning of life. (shrink)

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line of attack is illustrated by (...) the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

The purpose of the present essay is to explicate the basic movement which the Understanding exercises upon itself at the end of the chapter on “Force and the Understanding” in Hegel’s Phenomenology of Spirit. Unlike many other commentators on the Phenomenology, I hope to show how Hegel’s argumentation in this chapter applies not merely to the Newtonian paradigm (to which Hegel makes explicit reference), but to any paradigm which involves the objectivistic presuppositions of the Understanding.

As Richard Bernstein has suggested, there is a very rich and interesting story to be told about how the classical pragmatists (Dewey, Peirce, and James) understood G. W. R Hegel, made use of Hegel, and ultimately distanced themselves from Hegel. That story cannot be told here. Indeed, the story is so rich and complicated that even its beginnings cannot be told here. But what can be provided, perhaps, is a limited, though hopefully illuminating, perspective on a few salient aspects of (...) the relationship between the classical pragmatists and Hegel. While the following reflections offer no definitive answers about this relationship, they might at least suggest some fruitful lines of enquiry for future discussion. (shrink)

In this paper, I offer an immanent critique of John Rawls’s theory of justice which seeks to show that Rawls’s understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel’s observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls’s assurances to the contrary. But while Sandel argues for even more (...) substantive metaphysical and epistemological commitments, I argue in the opposite direction. Following J. G. Fichte, I argue for a normative theory of society, not based on some particular notion of the good or on some contentious account of what all reasonable persons would agree to, but based only on the radical primacy of the practical, that is, based only on the seemingly empty premise that free beings - precisely because they are free - cannot be imagined in advance as all agreeing to any particular thing at all. (shrink)

Decalogue Five tells the story of Waldemar Rekowski (Jan Tesarz), a jaded taxi driver, Piotr Balicki (Krzysztof Globisz), an idealistic, newly-licensed attorney, and Jacek Lazar (Mirosław Baka), a young and troubled drifter, whose lives intersect with one another as a result of fate, or contingent circumstance, or some combination of both. With brutal detail and detachment, the film depicts Jacek’s seemingly aimless wanderings through Warsaw, his senseless killing of Waldemar, his interactions with Piotr (his court-appointed attorney), and his eventual execution (...) after a failed defense in court. Like other films within the Decalogue series, Five illustrates what happens when human beings are forced to confront ethical dilemmas (and thus are forced to confront themselves as responsible moral decision makers) in a world that seems to offer little in the way of moral direction, meaning, purpose, and community with others. Discussing the overarching aim of the Decalogue series as a whole, Krzysztof Kies´lowski refers to the sense of alienation, aimlessness, and loneliness that often describes the human condition. (shrink)

One important element in Lonergan’s philosophical work is the attempt to demonstrate the essential continuity between Aristotle’s thought and the explanatory viewpoint of modern science. Among other things, this attempt is meant to serve a two-fold purpose: first of all, to defend both Aristotle’s intellectualist metaphysics and the explanatory aspirations of modern science over against the caricatured representations of each which grew out of the Renaissance debate between the Aristotelians and the proponents of modern science; and secondly, to demonstrate the (...) intrinsic limitations of modern scientific humanism in much the same way that Aquinas tried to demonstrate the essential incompleteness of Aristotle’s non-Christian world view. Now Gadamer would not deny that there is an essential continuity in thought from Aristotle to modern science; in fact, he explicitly affirms such a continuity. And like Lonergan, Gadamer insists that modern science must play a legitimate, though restricted, role within contemporary culture. Given these and other important similarities between Gadamer and Lonergan, it may be difficult to see just where the grounds for possible disagreement lie. As a result, Gadamer’s reservations concerning Lonergan’s philosophical project may appear to be somewhat puzzling. In what follows, I shall try to shed light on some of the reasons for Gadamer’s reservations. (shrink)

Understood in its widest sense, the term “hermeneutics” can be taken to refer to the theory and/or practice of any interpretation aimed at uncovering the meaning of any expression, regardless of whether such expression was produced by a human or non-human source. Understood in a narrower sense, the term “hermeneutics” can be taken to refer to a particular stream of thought regarding the theory and/or practice of interpretation, developed mainly by German-speaking theorists from the late eighteenth through to the late (...) twentieth century. “Hermeneutics” in its broadest sense dates at least as far back as the ancient Greeks and is linked etymologically to the ancient Greeks’ mythological deity Hermes, who was said to deliver and interpret messages from the gods to mortals. “Hermeneutics” in its narrower sense emerged in the late eighteenth and early nineteenth century, initially for the purpose of addressing problems in the interpretation of classical and biblical tests and then later for the purpose of articulating a more “universalized” theory of interpretation of general. This chapter traces the development of hermeneutics in its narrow sense through the work of Friedrich Daniel Ernst Schleiermacher (1768-1834), Wilhelm Dilthey (1833-1911), Martin Heidegger (1889-1976) and Hans-Georg Gadamer (1900-2002), and then concludes with some observations about what Hegel’s own hermeneutical thought might mean against the backdrop of this development. (shrink)

This chapter argues that it is possible to identify, in the coming to be of knowledge, the three elements that Aristotle says are involved in any kind of coming to be whatsoever (viz., matter, form, and the generated composite object). Specifically, it is argued that in this schema the passive intellect (pathetikos nous) corresponds to the matter, the active intellect (poetikos nous) corresponds to the form, and the composite object corresponds to the mind as actually knowing.

The thought of Martin Heidegger has been influential in postmodernist discussions concerning the “death of the subject” and the “deconstruction” of the metaphysics of presence. In this paper, I shall examine Heidegger’s understanding of Dasein in terms of care and temporality, and his corresponding critique of the metaphysics of presence, especially as this critique applies to one’s understanding of the human knower. I shall then seek to determine whether Aquinas’s thought concerning the human knower falls prey to Heideggerian critique. My (...) purpose in elucidating the Heideggerian and Thomistic conceptions of the human discloser is to begin opening up some possible spaces for further dialogue between students of these two thinkers. (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what might (...) be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes through (...) the proper ordering of their parts does not entail the elimination of diversity, but in many cases requires diversity. Aquinas argued that there are two ways of ordering parts within a whole. Firstly, the parts are ordered with respect to one another, and secondly, the parts are ordered toward an end. The ordering of a whole's parts to one another is always for the sake of the ordering of the whole to its extrinsic end. Aquinas argued that the good toward which the law directs a community is called the 'common good' of that community. The common good or common end toward which members of a community are ordered can be the sort of end that the agents bring into existence through their own actions such as justice within a community, or the sort of end that can exist apart from the actions of the agents. (shrink)

Dictionary entry of "Idealism" in the "New Dictionary of the History of Ideas".

In spite of their lack of interest in traditional philosophy and their explicit disavowals about the deeper meaning of their songs, there are also good reasons to approach and interpret the Beatles and their work from a philosophical point of view. In his Playboy interview from September of 1980, John praised Paul for the philosophical significance of the song, “The End,” which appeared on the Abbey Road album: “That’s Paul again. . . . he had a line in it – (...) “The love you take is equal to the love you make’ – which is a very cosmic, philosophical line. Which again proves that if [Paul] wants to, he can think” (Beatlesongs, p. 929). And in a similar vein, Paul revealed in an interview that Beatles songs are meant to be interpreted from different perspectives and on different levels: “You put your own meaning at your own level to our songs, and that’s what’s great about them” (Beatlesongs, p. 143). Of course, there are many things that are “great” about Beatles songs; but one of the great things – certainly for those who want to be thoughtful and reflective about popular culture – is that they can be interpreted philosophically and thus appreciated in light of philosophical ideas and theories. One such theory is what might be called “idealistic monism.”. (shrink)