This study reports on action research efforts that were aimed at developing institutional arrangements beneficial for soil fertility improvement. Three stages of action research are described and analyzed. We initially began by bringing stakeholders together in a platform to engage in a collaborative design of new arrangements. However, this effort was stymied mainly because conditions conducive for learning and negotiation were lacking. We then proceeded to support experimentation with alternative arrangements initiated by individual landowners and migrant farmers. The implementation of (...) these arrangements too ran into difficulties due to intra-family dynamics and ambiguities regarding land tenure. Further investigations to find out how ambiguities could be tackled revealed that the local actors themselves had taken initiatives towards developing institutional innovations to reduce ambiguities. However, there is still considerable scope for further development of these self-organized innovations. The article ends with a reflection on inter-disciplinary action research, where it is argued that making “mistakes” is an inherent and necessary characteristic in action research that aims to address complex social issues. (shrink)

How can advocates of global democracy grapple with the empirical conditions that constitute world politics? I argue that flexibility mechanisms - commonly used to advance international cooperation - should be employed to make the institutional design project of global democracy more tractable. I highlight three specific reasons underpinning this claim. First, flexibility provisions make bargaining over different institutional designs more manageable. Second, heightened flexibility takes seriously potential concerns about path-dependent institutional development. Finally, deliberately shortening the time horizons of agents by (...) employing flexibility provisions has cognitive benefits as it forces designers to focus specifically on issues of feasibility as well as desirability. I discuss a range of flexibility mechanisms and highlight the utility of sunset provisions and escape clauses. From this analysis, I build an argument for the usage of small-scale democratic experiments through which citizens have a say in global policy making. (shrink)

Bundel bijdragen over de Nederlandse filosoof (1632-1677).

G. W. F. Hegel’s theory of punishment has been most often thought to fit within a particular penal camp. The most popular interpretation is that this theory is retributivist because criminals should only be punished only where deserved in an effort to “annul” crime. Others believe this theory is a theory of moral education whereby criminals come to understand their crimes as wrongs in an effort to reform their behaviour. These interpretations all fail to acknowledge the novelty of Hegel’s theory (...) of punishment. Hegel’s originality consists in offering the first unified theory of punishment. A unified theory of punishment aspires to offer a single, coherent theory of punishment that brings together retributivist, deterrent, and rehabilitative elements without substantial conflict. We can find similar unified theories of punishment amongst Hegel’s earliest defenders, the British Idealists (or “British Hegelians”), who helped to popularize Hegel’s philosophical contributions in the late nineteenth century. Thus, Hegel’s novel theory of punishment marks the beginning of a new tradition concerning how we might think about punishment. (shrink)

G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and whether it marks an advance (...) on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (shrink)

Thom Brooks reviews two books by Theodor Adorno.

G. W. F. Hegel is widely considered to be one of the most important philosophers in the history of philosophy. This entry focuses on his contributions to political philosophy, with particular attention paid to his seminal work: the Philosophy of Right. A particular focus will be placed on Hegel’s theories of freedom, contract and property, punishment, morality, family, civil society, law, and the state.

British idealism flourished in the late 19th century and early 20th centuries. It was a movement with a lasting influence on the social and political thought of its time in particular. British idealists helped popularize the work of Immanuel Kant and G. W. F. Hegel in the Anglophone world, but they also sought to use insights from the philosophies of Kant and Hegel to help create a new idealism to address the many pressing issues of the Victorian period in Britain (...) and its aftermath. These contributions related to theories of freedom, the common good, political obligation, the state, and punishment. The British idealists also made important contributions in areas other than Hegelian scholarship and ethics, including logic, metaphysics, and the philosophy of religion. The movement declined by the start of World War I. This entry will highlight the most important work by British idealists themselves and by their best interpreters. Thus this entry will be grouped by individuals rather than by theme. (shrink)

The first decades of the twentieth century saw the emergence of Calvinist economics in the Netherlands. This clearly normative approach to economics was inspired by Abraham Kuyper and was criticized by mainstream economists from the outset. It would eventually disappear under pressure of positive economics, but survived until at least the middle of the century. Calvinist economics itself was highly critical of classical economics and, unlike the neo-classical school, strove after an entire reformation of economic thought. Calvinists writers like (...) T. de Vries, P. A. Diepenhorst, J. A. Nederbragt and J. Ridder did not constitute a school of economic thought, but nevertheless shared some fundamental ideas such as the influence of world views on economics, the existence of divine ordinances for the economic domain, and the central place of man in God’s plan for the economy. In this article, I describe the rise, sources of inspiration, fundamentals, aim and methodology of Calvinist economics. Although the perspective of this article is historical, this episode from the history of economic thought may inform us about the relationship between Christianity and the science of economics as well as that between economics and the economic crisis. (shrink)

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)

The first full-length study of Robert Kilwardby's commentary on Aristotle's Prior Analytics, based on a study of the medieval manuscripts.

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...) the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

John Rawls argues that A Theory of Justice suffers from a “serious problem”: the problem of political stability. His theory failed to account for the reality that citizens are deeply divided by reasonable and incompatible religious, philosophical, and moral comprehensive doctrines. This fact of reasonable pluralism may pose a threat to political stability over time and requires a solution. Rawls proposes the idea of an overlapping consensus among incompatible comprehensive doctrines through the use of public reasons in his later Political (...) Liberalism. -/- Rawls’s proposed solution to the problem of political stability has received much criticism. Some, such as Kurt Baier, Brian Barry, George Klosko, and Edward McClennen, argue that an overlapping consensus is relatively unnecessary. Rawls should have acknowledged existing resources in his account that might secure political stability over time without major changes to his original views about justice. Others, including Kent Greenawalt, Michael Sandel, Leif Wenar, and Iris Marion Young believe that an overlapping consensus is too fragile to secure political stability. Rawls correctly identifies a major problem for his original account, but he fails to provide a satisfactory solution. -/- I believe these objections rest on a mistake easily overlooked. Each objection claims that, for Rawls, the possibility of future political stability is to be guaranteed by an overlapping consensus alone. This perspective fails to recognize the central importance of the social minimum in securing political stability. There is, in fact, more resources to secure political stability than Rawls or his critics have recognized. -/- My discussion will begin with a brief explanation of why the problem of political stability raises an important challenge to Rawls’s views on justice and why he argues for an overlapping consensus as a solution to it. I will next consider the more important objections to Rawls’s solution and why these fail. I will argue that the social minimum might better support political stability if it is broadly understood in terms of the capabilities approach. This approach is compatible with Rawls’s political liberalism and it provides a more robust understanding of a just social minimum. Political stability does not rely upon an overlapping consensus alone — and it may be better secured where the capabilities approach plays a more central role. Therefore, Rawls does provide a illuminating solution to the problem of political stability that is more compelling if we incorporate the capabilities approach into political liberalism. (shrink)

ZusammenfassungProduktion und Verbrauch von Nahrungsmitteln sind traditionell mit weit reichenden Ängsten verknüpft. Bezogen diese sich in vormodernen Gesellschaften vorrangig auf eine ausreichende Versorgung, sind sie in der modernen Industriegesellschaft eher auf die Qualität der Nahrungsmittel gerichtet. In diesem Zusammenhang spielten in der Nachkriegszeit Antibiotika eine zentrale Rolle. Der Aufsatz stellt die Einführung der Antibiotika in die westdeutsche Veterinärmedizin, ihre frühe Diskussion als Konservierungsmittel und ihre wachsende Rolle als Wachstumsförderer dar. Vor dem Hintergrund einer zunehmend industrialisierten, auf Maximierung ausgerichteten Produktionspolitik werden (...) die Rolle der Veterinäre, der Forschung und der wissenschaftlichen Experten sowie die Probleme der Regulierung des Antibiotikaeinsatzes in der Landwirtschaft diskutiert, die in die Entstehung eines unübersichtlichen grauen Marktes für Antibiotika und die Verlagerung ihres Einsatzes in die Therapie mündete. Besondere Aufmerksamkeit wird der Frage zugewandt, welche Rolle das Vertrauen und die Ängste der Verbraucher in diesem Prozess spielten. (shrink)

Restorative justice is highly promising as an effective approach to better supporting victims, reducing reoffending, and lowering costs. The challenge it faces is a dual hurdle of limited applicability and lack of public confidence. The issue is how we might better embed restorative justice in the criminal justice system so its promising effectiveness could be shared more widely while increasing public confidence. This chapter explores the new approach of punitive restoration, which gives more tools for restoration including a wider punitive (...) element. Its goal is to win support for greater use of restorative practices and a less punitive criminal justice system overall. (shrink)

This paper offers two potential worries in Robert B. Talisse's A Pragmatist Philosophy of Democracy. The first worry is that is that the picture of democracy on offer is incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. The second worry we may have concerns the relationship between Talisse's Peircean pragmatism and (...) deliberative democracy. If this pragmatism is always open to revision and change in light of future evidence, then no pragmatist should adhere to only one particular political system, such as democracy. When we claim that only one system can ever be justified, then we fail to honour our professed openness to revision and change in the future. If my analysis is correct, then I do not aim to demonstrate that Talisse's Peircean pragmatism is incorrect, only incomplete. Thus, the hope of this paper is to help develop this pragmatism further. (shrink)

Simple heuristics that make us smart presents a valuable and valid interpretation of how we make fast decisions particularly in situations of ignorance and uncertainty. What is missing is how this intersects with thinking under even greater uncertainty or ignorance, such as novice problem solving, and with the development of expert cognition.

This article explores the relationship between capabilities and political liberalism. There are two views about how they might be compatible: Sen claims capabilities should be seen as a revision of primary goods while Nussbaum argues capabilities should form part of an overlapping consensus. It is argued they are both right—and incorrect. Whereas Sen identifies where compatibility might best be found, it is Nussbaum’s conception of capabilities that is able to overcome Rawls’s objections to Sen’s proposal. This provides a new third (...) way of conceiving how capabilities and political liberalism might address these concerns that is more compelling for how Sen and Nussbaum claim. The two rivals can come together, but not in the way that either of its most well known champions have argued. (shrink)

Ethics and moral philosophy is an area of particular interest today. This book brings together some of the most important essays in this area.

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

This paper argues that Leif Wenar's theory of reparations is not purely forward-looking and that backward-looking considerations play an important role: if there had never been a past injustice, then reparations for the future cannot be acceptable. Past injustice compose the first part of a two-tiered theory of reparations. We must first discover a past injustice has taken place: reparations are for the repair of previous damage. However, for Wenar, not all past injustices warrant reparations. Once we have first passed (...) the initial test of demonstrating a past injustice has taken place, we then determine whether or not to finally accept reparations based upon forward-looking considerations. What is important to note is that this decision to award reparations is based upon forward-looking considerations, but only after first satisfying the test of a past injustice. Thus, backward-looking considerations make up an important first part of Wenar's two-tiered theory of reparations. It is not my argument that this theory is unsafe and I find Wenar's arguments both novel and highly compelling. However, the view that this theory is forward-looking -- and not backward-looking -- is not entirely accurate. My brief reply corrects this part of an important new theory of reparations in the hope of strengthening its persuasive power. (shrink)

A leading figure in the emerging field of extinction studies, Thom van Dooren puts philosophy into conversation with the natural sciences and his ethnographic encounters to vivify the cultural and ethical significance of modern-day extinctions. Unlike other meditations on the subject, _Flight Ways_ incorporates the particularities of real animals and their worlds, drawing philosophers, natural scientists, and general readers into the experience of living among and losing biodiversity. Each chapter of _Flight Ways_ focuses on a different species or group (...) of birds: North Pacific albatrosses, Indian vultures, an endangered colony of penguins in Australia, Hawaiian crows, and the iconic whooping cranes of North America. Written in eloquent and moving prose, the book takes stock of what is lost when a life form disappears from the world--the wide-ranging ramifications that ripple out to implicate a number of human and more-than-human others. Van Dooren intimately explores what life is like for those who must live on the edge of extinction, balanced between life and oblivion, taking care of their young and grieving their dead. He bolsters his studies with real-life accounts from scientists and local communities at the forefront of these developments. No longer abstract entities with Latin names, these species become fully realized characters enmeshed in complex and precarious ways of life, sparking our sense of curiosity, concern, and accountability toward others in a rapidly changing world. (shrink)

To what extent can humorism be a legitimate disposition toward the Absurd? The Absurd is born from the insurmountable contradiction between one’s ceaseless striving and the absence of an ultimate resolution – or, as I prefer to call it, the ‘dissolution of resolution’. Humoristic Absurdism is the commitment to a pattern of humorous responses to the Absurd, which regard this absurd condition, as well as its manifestation in absurd situations, as a comical phenomenon. Although the humoristic disposition seems promising, by (...) virtue of humor’s recognition of incongruity and its denial of an ultimate resolution, and succeeds in countering three major objections, it falls prey to the claim that comprehensive humorism portrays as frivolous what is earnest, thereby renouncing the gravity of the desire for ultimate resolution, which is fundamental to the notion of the Absurd. In an attempt to explore alternative roles for humor in a legitimate disposition toward the Absurd, Metamodern Absurdism is suggested, which revolves around a post-ironic oscillation between humor and earnestness. In short, only in a role limited to one pole of an oscillatory pattern of responses can humor be integrated in a legitimate disposition toward the Absurd. (shrink)

Global justice as a field must confront a central problem: how global is global justice? A defining feature about the burgeoning literature in global justice is its operation within a bounded, philosophical tradition. Global justice research is too often a product of one tradition in self-isolation from others that nonetheless claims to speak for what is best for all. This criticism applies to various philosophical traditions whether so-called “analytic,” “Continental” or others. The problem is that each tradition too often works (...) independently from others to construct new ideas about the promotion of global justice: these ideas are designed by some for application to all. “Global” justice may have an international reach, but it too often lacks a more global character. The development of a more global approach to global justice raises several vexing questions. What does it mean to have a “global” approach to global justice? How “global” should any such approach be? And how can a coherent and compelling model for it be constructed? This chapter develops a new approach for a more distinctly global view of global justice: the idea of global philosophy. Most approaches to global justice are developed within bounded philosophical traditions. One problem is that each offers contributions to global justice that is constricted by the narrow bounds of their particular tradition. The issue is not only that global justice may be overly culturally-specific, but rather that bounded traditions close off important resources for addressing philosophical problems that can be accessed through closer engagement with other philosophical traditions. A global philosophy is then a more “unbound philosophy” better suited for a globalized world. Our world is ever-changing with ideas and people travelling as never before. It is time for philosophy to catch up with these developments and this chapter will explain why and how. (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. (...) Finally, I attempt to refute the almost timeless retributivist rejection of deterrence-based theories of punishment on the grounds that the latter somehow would condone in some cases the punishment of innocent persons. These individuals almost always demand that no innocent person be punished as a rule of the highest order. (shrink)

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of (...) judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre’s critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. (shrink)

Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. If (...) none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

René Thom (1923-2002) est l'un des plus grands mathématiciens français. Médaille Fields (équivalent du prix Nobel) en 1958 pour ses travaux de topologie différentielle, il élabore au début des années 1970 la " théorie des catastrophes ", ou comment " un phénomène discontinu peut émerger en quelque sorte spontanément à partir d'un milieu continu ", dont l'influence a largement excédé les sciences dures. Dans ces entretiens, qui vont de la mathématique à l'embryologie, de la linguistique à l'anthropologie et à (...) l'histoire, René Thom expose les grandes lignes de la théorie des catastrophes (où la continuité d'un système se trouve soudain rompue) et passe en revue, avec acuité et passion, les grands thèmes scientifiques de notre époque, de la physique atomique à la biologie moléculaire, du " progrès " scientifique et technologique aux relations complexes entre la société et la science. (shrink)