Are we the Citizens of just one empirical world? Have all reminiscences to the transcendental become atavistic in the political domain? This article defends the lasting relevance of the kantian doctrine of analogy for the significance of both religion and politics in post-modern times. The symbolic representation of the indemonstrable concept of practical reason itself functions as well in politics as in religion in the manner of a typology of the law and a legislation, which must be understood as the (...) always indirect representation of the absolute good will. Only this idea avoids the empirical illusions of an imaginary self-sufficient political or religious authority. All authority based on the concept of God as legislator as far as a promulgator of the moral law, with its intrinsic character of obligation, is conceived as unavoidable for the finite reason. Therefore the execution of the king during the French revolution as a legal act in itself is inconceivable as far as it intended the abrogation of the representation of the instance of executive obligation as such. All political doctrines that would claim the installation of the moral kingdom of God on earth are equally chimerical. Since Kant only claims the idea of legislation of practical reason and the guarantee of the viability of morals in the empirical world when evoking God in practical philosophy and calling upon the historical Christian religion, his theological political doctrine goes beyond the ideological political and religious setting of his time and it remains on the contrary a valuable warning for actual political and religious terrorism. (shrink)

Kant’s philosophy of science takes on sharp contour in terms of his interaction with the practicing life scientists of his day, particularly Johann Blumenbach and the latter’s student, Christoph Girtanner, who in 1796 attempted to synthesize the ideas of Kant and Blumenbach. Indeed, Kant’s engagement with the life sciences played a far more substantial role in his transcendental philosophy than has been recognized hitherto. The theory of epigenesis, especially in light of Kant’s famous analogy in the first Critique, posed crucial (...) questions regarding the ‘looseness of fit’ between the constitutive and the regulative in Kant’s theory of empirical law. A detailed examination of Kant’s struggle with epigenesis between 1784 and 1790 demonstrates his grave reservations about its hylozoist implications, leading to his even stronger insistence on the discrimination of constitutive from regulative uses of reason. The continuing relevance of these issues for Kant’s philosophy of science is clear from the work of Buchdahl and its contemporary reception. (shrink)

This paper is a critique of Richard Dawkins’ “argument from improbability” against the existence of God. This argument, which forms the core of Dawkins’ book The God Delusion, provides an interesting example of the use of scientific ideas in arguments about religion. Here I raise three objections: (1) The argument is inapplicable to philosophical conceptions of God that reduce most of God’s complexity to that of the physical universe. (2) The argument depends on a way of estimating probabilities that fails (...) for the probability of an entity that creates natural laws. (3) The argument supposes that complexity arises from past physical causes; however, some forms of complexity known to mathematics and logic do not arise in this way. After stating these three criticisms, I show that some of these same considerations undermine Dawkins’ critique of agnosticism. I close the paper with some remarks on Dawkins’ conception of God. (shrink)

This essay disputes one of the central claims in Jeremy Waldron?s God, Locke, and Equality (2002), that being the claim that Locke?s arguments about species in An Essay Concerning Human Understanding undercut his assertions about the equality of the human species as a matter of natural law in Two Treatises of Government. It argues, firstly, and pace Waldron, that Locke?s view of natural law is foundational to his view of man, not vice versa, and, secondly, that Two Treatises is written (...) in an idiom different from Locke?s philosophical writings, such that directly transposing the ideas discussed in one idiom to the other is as confused as it is confusing. After providing a new account of the relationship between Locke?s philosophy and his views of morality, politics and religion, the essay concludes that Waldron fails to grasp the style and structure of Locke?s thinking, and so cumulatively misunderstands and distorts Locke?s views about moral identity, toleration, religion and politics alike. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia ’ based on a loose analogy with Newton’s three laws of classical mechanics. (...) First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes (e.g. they are ‘filled in’) because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome simply by using a ‘bridge ’ of neurons; and we offer a hypothesis about the relation between qualia and one’s sense of self. (shrink)

Die Analyse eines sozialpsychologischen Gesetzes dient zur Erläuterung gewisser Begriffe wie looseness und Überprüfbarkeit, wie sie auf statistische Quasigesetze anwendbar sind. Vor dem Hintergrund dieser Analyse wird der Standpunkt diskutiert, daß die sozialwissenschaftlichen Gesetze von anderer Art smd als die naturwissenschaftlichen. Die Untersuchung zeigt die Schwierigkeit auf, eine Theorie von der grundsätzlichen Verschiedenheit von Sozial- und Naturwissenschaften auf tatsächlich vorkommende wissenschaftliche Fraeen anzuwenden.

Die Analyse eines sozialpsychologischen Gesetzes dient zur Erläuterung gewisser Begriffe wie looseness und Überprüfbarkeit, wie sie auf statistische Quasigesetze anwendbar sind. Vor dem Hintergrund dieser Analyse wird der Standpunkt diskutiert, daß die sozialwissenschaftlichen Gesetze von anderer Art smd als die naturwissenschaftlichen. Die Untersuchung zeigt die Schwierigkeit auf, eine Theorie von der grundsätzlichen Verschiedenheit von Sozial- und Naturwissenschaften auf tatsächlich vorkommende wissenschaftliche Fraeen anzuwenden.

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human rights advocacy is (...) not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

Orthodoxy has it that only metaphysically elite properties can be invoked in scientifically elite laws. We argue that this claim does not fit scientific practice. An examination of candidate scientifically elite laws like Newton’s F = ma reveals properties invoked that are irreversibly defined and thus metaphysically non-elite by the lights of the surrounding theory: Newtonian acceleration is irreversibly defined as the second derivative of position, and Newtonian resultant force is irreversibly defined as the sum of the component (...) forces. We think that scientists are happy to invoke metaphysically non-elite properties in scientifically elite laws for reasons of convenience, such as to simplify the equations and to make them more modular. On this basis, we draw a deflationary moral about laws themselves, as being merely convenient summaries. 1 Introduction2 Orthodoxy2.1 Orthodoxy stated2.2 Orthodoxy explained2.3 A worrisome commitment: Term objectivism3 The Loose View3.1 The argument from practice3.2 Finding the scientifically elite equations3.3 Diagnosing the metaphysically non-elite properties3.4 Situating our challenge4 Newtonian Mechanics4.1 Newtonian acceleration4.2 Newtonian resultant force4.3 A metaphysical discovery?5 Objections5.1 Metaphysically elite after all?5.2 Scientifically non-elite after all?5.3 But our world is not Newtonian!6 Consequences6.1 Consequences for the motivations for link6.2 Consequences for metaphysically elite properties6.3 Consequences for lawhood. (shrink)

Ernest Mandel theorised the capitalist world economy as an articulated system of capitalist, semi-capitalist and precapitalist relations of production, linked to each other by capitalist relations of exchange and domination by the capitalist world market. This seems to be an interesting starting point for an historically well-founded theory, building on and going beyond Marx's work, of the worldwide expansion of the capitalist mode of production from its origins to the present. In his attempt to formulate his theory, Mandel did not (...) succeed in resolving all difficulties, however. His main works – Marxist Economic Theory and Late Capitalism – show a number of dangling loose ends. The central question is whether these loose ends are merely technical difficulties or whether they reveal fatal flaws in the theory as a whole. In order to come a step closer to answering this question, a conference was organised in Amsterdam, November 2003. This introduction formulates the five, closely interrelated issues that were highlighted at this conference. (shrink)

Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past.

A groundbreaking collection of contemporary essays from leading international scholars that provides a balanced and expert account of the resurgent debate about substance dualism and its physicalist alternatives. Substance dualism has for some time been dismissed as an archaic and defeated position in philosophy of mind, but in recent years, the topic has experienced a resurgence of scholarly interest and has been restored to contemporary prominence by a growing minority of philosophers prepared to interrogate the core principles upon which past (...) objections and misunderstandings rest. As the first book of its kind to bring together a collection of contemporary writing from top proponents and critics in a pro-contra format, The Blackwell Companion to Substance Dualism captures this ongoing dialogue and sets the stage for rigorous and lively discourse around dualist and physicalist accounts of human persons in philosophy. Chapters explore emergent, Thomistic, Cartesian, and other forms of substance dualism—broadly conceived—in dialogue with leading varieties of physicalism, including animalism, non-reductive physicalism, and constitution theory. Loose, Menuge, and Moreland pair essays from dualist advocates with astute criticism from physicalist opponents and vice versa, highlighting points of contrast for readers in thematic sections while showcasing today’s leading minds engaged in direct debate. Taken together, essays provide nuanced paths of introduction for students, and capture the imagination of professional philosophers looking to expand their understanding of the subject. Skillfully curated and in touch with contemporary science as well as analytic theology, The Blackwell Companion to Substance Dualism strikes a measured balanced between advocacy and criticism, and is a first-rate resource for researchers, scholars, and students of philosophy, theology, and neuroscience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

Based on their critical analysis of Kant's "Critique of Judgment", the authors of this book show from different perspectives in what way the Kantian concept of the sublime is still a main stream of inspiration for contemporary thinking.

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...) replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. Furthermore, both (...) jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility of eliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

Substance dualism is compatible not only with Cartesian dualism but also with a number of nonCartesian alternatives, including several varieties of Thomistic dualism, William Hasker's emergent subject dualism, and the holistic anthropology of E. J. Lowe. Due to recent developments within the philosophy of mind, a renewed interest in historical and contemporary theories of the soul, and a more careful evaluation of what does and does not follow from neuroscience, substance dualism is back on the table for a serious critical (...) reevaluation. This chapter reviews the developments in the philosophy of mind and in scholarship on the soul. It shows that substance dualists and their many critics have been brought together by a shared focus on the nature of mental subjects. The chapter also presents an overview of the key concepts discussed in the subsequent chapters of this book. (shrink)

Stephen Davis's detailed assessment of the doctrine of the general resurrection suggests that it is the claim that those who have died will persist into a subsequent, embodied life by means of a divine miracle. The dualist's account of resurrection depends on the possibility that the identity of a person over time is preserved by the persistence of a simple immaterial substance with no necessary connection to a particular physical or psychological career. This chapter argues that the seemingly preposterous simulacrum (...) model fails to offer animalists such as van Inwagen an account of the metaphysical possibility of resurrection. Thus the constitution view of persons is unsuccessful in offering the materialist an account of how an individual might die and yet appear again at the Resurrection. However, while dualist accounts ground personal identity in the persistence of a simple immaterial substance (a soul), the uninformativeness of the constitution view has a different and problematic source. (shrink)

Some Christian materialists have argued for the possibility of resurrection given that persons are constituted by bodies, and constitution is not identity. Baker's constitutionist view claims superiority over animalist alternatives but offers only circular accounts of both personal identity over time and personhood. Corcoran's alternative approaches these questions differently but makes use of Zimmerman's ‘Falling Elevator Model’ of resurrection, which is rendered incoherent by its reliance on contingent identity. A recent constitutionist revision of this model succeeds only in exchanging incoherence (...) for absurdity. Despite difficulties for such resurrection accounts, the idea of constitution as a sui generis relation remains attractive among philosophers and Christian materialists in particular. However, Wasserman's deflationary view combines with problems such as extensionality, indiscernibility and the explosion of reality to provide reason to worry that constitution might be just identity after all. If so, then the metaphysics of constitution cannot provide a convenient route between animalism and immaterialism when explaining the possibility of resurrection. (shrink)

Ontological dualism is energetically resisted by a range of Christian scholars including philosophers such as Baker and Corcoran who defend accounts of human persons based on material constitution. Whilst Baker’s view fails to account for diachronic identity, Corcoran’s account of life after death makes use of Zimmerman’s problematic “Falling Elevator Model.” It is argued that Zimmerman’s recent reassessment of the model overestimates its value for materialists. In fact, the model generates either a fatal encounter with the nature of identity, or (...) absurdity. A lack of alternatives is illustrated by anticriterialist proposals. Thus it seems materialism and resurrection belief remain incompatible. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. Furthermore, both (...) jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility ofeliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of copyright (...) are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose. (shrink)

Whether or not it is coherent to place hope in a future life beyond the grave has become a central question in the larger debate about whether a materialist view of human persons can accommodate Christian belief. Hud Hudson defends a four-dimensional account of resurrection in order to avoid persistent difficulties experienced by three-dimensionalist animalism. I present two difficulties unique to Hudson’s view. The first problem of counterpart hope is a manifestation of a general weakness of four-dimensional views to accommodate (...) adequately prudential concern about one’s future self. More significantly, the second problem of quasi hope demonstrates that even if a temporal parts view can accommodate the possibility of future resurrection it necessarily leaves human beings in the dark about their individual futures and thus incapable of hope. I conclude that whatever its merits in demonstrating the possibility of resurrection, four-dimensionalist materialism cannot accommodate veridical Christian hope. (shrink)

In this article the importance of the representational character of politics is illustrated on the basis of the philosophy of Kant. The vanishing of the noumenal in post-modern thinking seems to imply fundamental changes in the sensitive response – aesthetics of the beautiful and the sublime – to politics. In the Kantian paradigm the meaning of our affective response to the violence of (human) nature is ruled by a moral perspective of practical reason. Although the representation of practical reason in (...) the empirical is only possible in an indirect way by means of a schematism of analogy, the corresponding – subjectively teleological – aesthetic feelings both of harmony in the beautiful and of resistance in the sublime do symbolize in a reflective judgement the morally determined character and the objectively conceived teleology of nature in the system of rights of a single state as well as of the cosmopolitan world order. (shrink)

Met de verlichting komt de mens centraal te staan als de verantwoordelijke in het spanningsveld van vrijheid en determinisme. Daarmee dreigt hij zich ook de schuld van alle kwaad op de hals te halen en wordt de theodicee een antropodicee. Hij kan daar op twee manieren onderuit komen: ofwel wordt alle dwingende natuurwetmatigheid secundair en is nog slechts het morele kwaad relevant, ofwel wordt de vrijheid zelf herleid tot het natuurlijk determinisme. Kant wist echter die spanning in het verlichtingsdenken overeind (...) te houden. (shrink)

In The disenchantment of the world Marcel Gauchet defined Christianity as the religion of the exodus from religion, which also functions as a paradigm for a political interpretation of religion and the understanding of modern secular politics. However, Gauchet himself asserts that he considers the primitive heteronomous religion as the standard for understanding any religion. I intend to show on the contrary that he is mainly relying on modern auto-critical and hermeneutical Christian religion as the interpretative scheme for all religion (...) and modern politics. This raises the question whether we can ever leave the auto-reflexivity of that auto-critical religion. Can there ever be any religiosity without a religion . If not, does it make sense to speak of religiosity without religion, finding its way out in the political, or do we come across the same aporias: how to define the modern political without empirical politics? I conclude that modern, empirical politics benefit from the auto-critical, self-obliging, ethical attitude of the Christian religion and that the modern constitutional state as well as the religious expression might suffer from leaving it. The alternative seems to be the loss of social cohesion as well as the rise of religious fundamentalism. (shrink)

Lynne Rudder Baker’s work was driven by commitments to quasi-naturalist materialism and the ontological distinctiveness of human persons. The incompatibility of these commitments is apparent in her constitution view. Baker's “Not-so-simple Simple View” of personal identity is inferior to the Simple View traditionally associated with substance dualism since CV’s underlying account of persons is vacuous. It also entails a dilemma: either indeterminate identity or the problem of the many. Finally, CV also fails to support Baker’s view that human persons do (...) not begin to exist prior to the acquisition of a capacity for conscious, intentional thought. (shrink)

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that the (...) International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to (...) the science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article presents and argues for modal structuralism, which is loosely derived from a position described by Wilfrid Sellars. Modal structuralism holds that a fundamental property is identified by the role it plays in the structure of possibilities. It implies necessitarianism about laws, which holds that at least some laws of nature are metaphysically necessary. The argument for these positions derives from the following assumptions: the principle of the identity of indiscernible properties and a modest antiquidditism. These assumptions (...) are weaker than those of causal structuralism, which is a closely related view. (shrink)