Online research in philosophy

Bender, Robert The USA constitution does not have a clause requiring any separation of church and state and until 1948 there were no Supreme Court rulings to ensure that this was seen as a basic constitutional principle. Then in 1945 Vashti McCollum, a 33-year-old part-time squaredancing teacher from Champaign, Illinois, initiated a legal action that changed all that.

Democratic states must protect the liberty of citizens and must accommodate both religious liberty and cultural diversity. This democratic imperative is one reason for the increasing secularity of most modern democracies. Religious citizens, however, commonly see a secular state as unfriendly toward religion. This book articulates principles that enable secular governments to protect liberty in a way that judiciously separates church and state and fully respects religious citizens. -/- After presenting a brief account of the relation between religion (...) and ethics, the book shows how ethics can be independent of religion-evidentially autonomous in a way that makes moral knowledge possible for secular citizens-without denying religious sources a moral authority of their own. With this account in view, it portrays a church-state separation that requires governments not only to avoid religious establishment but also to maintain religious neutrality. The book shows how religious neutrality is related to such issues as teaching evolutionary biology in public schools, the legitimacy of vouchers to fund private schooling, and governmental support of <"faith-based initiatives.>" The final chapter shows how the proposed theory of religion and politics incorporates toleration and forgiveness as elements in flourishing democracies. Tolerance and forgiveness are described; their role in democratic citizenship is clarified; and in this light a conception of civic virtue is proposed. -/- Overall, the book advances the theory of liberal democracy, clarifies the relation between religion and ethics, provides distinctive principles governing religion in politics, and provides a theory of toleration for pluralistic societies. It frames institutional principles to guide governmental policy toward religion; it articulates citizenship standards for political conduct by individuals; it examines the case for affirming these two kinds of standards on the basis of what, historically, has been called natural reason; and it defends an account of toleration that enhances the practical application of the ethical framework both in individual nations and in the international realm. (shrink)

Can the state, as opposed to its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking excuses (as opposed to justifications)? Insofar as it can, should such claims ever be given moral and legal recognition? While a number of theorists have denied it in passing, the question remains radically underexplored. -/- In this article (in its penultimate draft version), I seek to identify the main metaphysical and moral objections to state (...) excuses, and begin to investigate their strength. I work from the ecumenical assumption that general understandings of modern states as group moral agents proper or as mere fictional points of imputation for individual behaviour are both plausible, and that the question of state excuses should be asked in terms of both paradigms. Issues addressed include: the lack of state consciousness/affect, the nature and relevance of developmental and executive defects in group agents, the value of state interests and how interests relate to plausible claims of excuses, the shortfall of responsibility argument for group responsibility and its interface with state excuses, the symbolic and consequential (dis)value that state excuses may have, as well as concerns that states are entities that should live up to outstandingly high virtuous standards of impartiality and equanimity. -/- I conclude that even if the range of excuses available to states does not overlap neatly with excuses available to ordinary individuals, some excuses may still be morally available to states. More generally, I emphasize the need for a systematic discussion of group excuses writ large, and of their relationship with the wider question of when group entities may legitimately be singled out to bear adverse normative consequences for wrongdoing. (shrink)

In 20th Century America, and in countries of similar political culture, it seemed a permanently established principle that there should be a "wall of separation" between Church and State. But the separation has again become contentious. It is rejected by Muslims and in the US it is under attack from "evangelical" Christians (see Theocracy watch " website). It seems useful to look again at the doctrine of "separation of Church and State", to see what various (...) things the phrase might mean, and what reasons there might be, for and against, regarding at least some of the possible formulations of the doctrine. (shrink)

When the state buys and then provides to the citizens goods and services, the state may certainly choose to audit, independently and comprehensively, the quality of the goods and services so provided, particularly when citizens are reporting back that the goods or services are causing unwanted, deleterious effects. This principle applies to intellectual property -- information -- education -- as well as to other goods and services. In particular, it applies to the theory of evolution as taught by (...) the state in its schools, colleges, and universities. A substantial public has long expressed concern; and the state may properly respond to that concern. Naturally, the state would never allow the vendor of goods and services to dictate that only its employees, or others whom it effectively controls, may be allowed to conduct audits. Indeed, persons substantially subject to the control of the vendor are the last possible choices to serve as independent auditors. The conflict-of-interest is well-recognized regarding information and opinion services: a huge problem arose with the big national auditing firms when they also established management consulting divisions -- the auditors tended to report favorably about companies and projects on which their own management consultants were involved. Yet the science community quite bluntly and openly proclaims that only its members -- persons it controls -- may function as auditors of the quality of scientific statements and propositions. They do this by asserting that only scientists may declare what is, or is not, scientific. Now it may be true that within any company, only employees of that company may properly develop the products that the company sells, and only they may deliver the company's statements regarding the quality of its own products. But when a company sells its products outside of itself, to others, such as the government, it may not impose as a condition of sale that only its employees may continue to render opinions about the quality of the product. When the science community actively urges the government to take-up and re-distribute its product, it necessarily surrenders any claim to a monopoly over auditing the product. A difficulty of conducting truly independent audits of science product vended to the government for delivery to the people lies in the fact that to-date, there is no systematic program of developing and training people to serve as such independent auditors. The closest group of people to rely on for this would be lawyers who, in litigation, have developed the ability to cross-examine expert witnesses in cases such as patent cases, or product-liability cases, or other litigations that involve expert testimony in advanced academic fields. This paper outlines a program by which states can conduct appropriate independent audits of evolution as vended to the state by the science community. (shrink)

This paper raises the question whether language and violence are internally connected. It starts from the experience of violence and from its theoretical interpretation as violence in the context of political forms of life which are challenged by complaints about violence. Such forms of life have to confront this issue because they are supposed to be responsive to claims and demands of others who articulate violence as an experience of violation. Whether a kind of responsive ethos may be based on (...) the suspected inner connection between language and violence is being discussed at the end. (shrink)

The present article focusesupon three aspects of computer ethics as aphilosophical field: contemporary perspectives,future projections, and current resources.Several topics are covered, including variouscomputer ethics methodologies, the `uniqueness'of computer ethics questions, and speculationsabout the impact of globalization and theinternet. Also examined is the suggestion thatcomputer ethics may `disappear' in the future.Finally, there is a brief description ofcomputer ethics resources, such as journals,textbooks, conferences and associations.

Israel has always mattered to American Christians. They are among the strongest supporters of the State of Israel in the United States. The paper argues that the support that was extended by American Christians in general and the Christian Right in particular, to Israel and the Jewish people is the continuation of a long tradition in conservative American Christians rooted mainly in their theological doctrine. However, the study shows that the Christian Right is ambivalent in its view on Jews. (...) On the one hand, Jews are considered to be God’s chosen people and to have a special Biblical status and role. On the other hand, the Christian Right is allegedly anti-Semitic, as it views Jews as a condemned nation for their rejection of Christ as the Messiah, the reason for which they are unsaved and need to be converted to Christianity. Interestingly, both views, love and hatred of Jews, are based on the Biblical teachings and grounded in conservative Protestant theology; their paradoxical views on Jews are not a new phenomenon among conservative American Christians. Nevertheless, the study found that the support of the American Christians of the establishment of the State of Israel goes beyond theological doctrines or values. In fact, the humanitarian considerations of the liberal Christian and secular organizations in particular, were significant in contributing to the establishment of the Jewish state. (shrink)

The judgment that a given event is epistemically improbable is necessary but insufficient for us to conclude that the event is surprising. Paul Horwich has argued that surprising events are, in addition, more probable given alternative background assumptions that are not themselves extremely improbable. I argue that Horwich’s definition fails to capture important features of surprises and offer an alternative definition that accords better with intuition. An important application of Horwich’s analysis has arisen in discussions of fine-tuning arguments. In the (...) second part of the paper I consider the implications for this argument of employing my definition of surprise. I argue that advocates of fine-tuning arguments are not justified in attaching significance to the fact that we are surprised by examples of fine-tuning. (shrink)

This paper presents the Norwegian national health care system and the manner in which the problems of rationing and pluralism of values create new ethical and political challenges. The paper concludes with some doubts about the feasibility of the transformation taking place within this kind of health care system, with special reference to governmental control and consumer preference. Keywords: national health care, pluralism, rationing, two-tier system CiteULike Connotea Del.icio.us What's this?

A proposal for an objective interpretation of probability is introduced and discussed: probabilities as deriving from ranges in suitably structured initial-state spaces. Roughly, the probability of an event on a chance trial is the proportion of initial states that lead to the event in question within the space of all possible initial states associated with this type of experiment, provided that the proportion is approximately the same in any not too small subregion of the space. This I would like (...) to call the “natural-range conception” of probability. Providing a substantial alternative to frequency or propensity accounts of probability in a deterministic setting, it is closely related to the so-called “method of arbitrary functions”. It is explicated, confronted with certain problems, and some ideas how these might be overcome are sketched and discussed. (shrink)

A landmark study in the field of political science, The Changing Architecture of Politics charts the profound structural changes taking place in the late twentieth-century state. Looking at both theory and practice, Cerny argues that political structures--states in the broadest sense--are the key to understanding both the history and the future of modern politics. Included for discussion are such salient topics as the problem of locating institutional and structural theory within political and social science, how to describe and classify (...) the main elements of political structures, and a penetrating analysis of the structured action field that lies at the crossroads of political structuration. In addition, he explores several core areas in practice, including how states will operate in the next century and how states will interact with the manifold changes in social and economic processes--at both the domestic and international levels. Through his masterly portrayal of the architecture of contemporary politics, Cerny lays the foundations for an understanding of new political structures that are needed if the pursuit of human values is to continue into the next century. As such, this fascinating volume will appeal to all those interested in the paradigms of political and social science, whether from a purely theoretical or from a more empirical standpoint. "This is the best introduction available in English to contemporary academic discussions about the purpose and prospects of applying the comparative method to political science. Cerny's book is comprehensive in scope and accomplishes three, quite rare tasks: it brings together material on North America, Western Europe, and Japan; it combines theories of comparative politics and international relations; it pays equal attention to systems of party competition and of interest intermediation, although its primary focus is upon the state. Philip Cerny has produced a tour de force, an intelligent, erudite, and comprehensive text that cuts decisively through artificial barriers within the discipline." --Political Science Quarterly. (shrink)

It would be an anachronism to search for modern democracy in the Qur’an that is the first among the other sources of Islam, i.e. Sunnah, ijma and the qiyas. To deduce the definition of Islam merely on the basis of the primary and secondary textual sources rather than the application of them as Muslim praxis would be an incomplete hermeneutic process in understanding it. We can see that the state and the religious society, which was represented by ulama, were (...) separated from each other in an early stage of Islamic history. The members of ulama were in charge of the intellectual and social life, the law and its application. The values of the modern democracy such as law and order, separation of state authority from the public sphere, observing the fundamental rights and freedoms of individuals such as women and religious minorities as the inseparables of democracy were upgraded in Muslim societies. This structure of Muslim society, however, was spoiled by colonialist interventions and the adoption of the modern nation-state concept. (shrink)

The article analyzes the interaction of Orthodoxy and the state and its role in asserting national identity in the context ofRomania’s modernization process. I have developed the concept of tendential modernity for studying the distinctive nature of Romanian modernity Modernity in Romania focused primarily on national and geostrategic problems, due to the absence of a state encompassing all Romanians. The Orthodox Church had been recognized as a symbol of national identity, therefore it was included among the basic institutions (...) that would support the national project, in order to serve the new purposes imposed by modernity. In the context of the modernization process undergone by Romanian society, the church is not separated from the state, but becomes a church of the state, a church whose prerogatives are established by the secular power; thus the church is defined as an institution that is embedded in the process of modern change decided by the state. As a matter of fact, modernity itself was ambivalent and ambiguous, which influenced decisively the role of Orthodoxy in the assertion of Romanian identity. (shrink)

The value of resting electroencephalogram (EEG) in revealing neural constitutes of consciousness (NCC) was examined. We quantified the dynamic repertoire, duration and oscillatory type of EEG microstates in eyes-closed rest in relation to the degree of expression of clinical self-consciousness. For NCC a model was suggested that contrasted normal, severely disturbed state of consciousness and state without consciousness. Patients with disorders of consciousness were used. Results suggested that the repertoire, duration and oscillatory type of EEG microstates in resting (...) condition quantitatively related to the level of consciousness expression in brain-damaged patients and healthy-conscious subjects. Specifically, results demonstrated that (a) decreased number of EEG microstate types was associated with altered states of consciousness, (b) unawareness was associated with the lack of diversity in EEG alpha-rhythmic microstates, and (c) the probability for the occurrence and duration of delta-, theta- and slow-alpha-rhythmic microstates were associated with unawareness, whereas the probability for the occurrence and duration of fast-alpha-rhythmic microstates were associated with consciousness. In conclusion, resting EEG has a potential value in revealing NCC. This work may have implications for clinical care and medical–legal decisions in patients with disorders of consciousness. (shrink)

A perceived national emergency creates the temptation to abandon principled constraints to official action in order to pursue whatever is thought necessary to confront the crisis. Principled constraints are thought good precisely when they are least needed - during normal times - and thought obstructionist when they are most needed to guide and constrain official action - during times of perceived exceptional circumstances. We are accustomed to thinking of constitutional rights not as absolutes, but as subject to balancing (...) against compelling governmental need. When compelling government interest is expressed in terms of necessity, otherwise prohibited actions, such as torture, may be justified in specific circumstances. In this Article, I argue that we should reject the temptation to rely on necessity to justify extralegal responses to emergencies. Moreover, we should also reject the claim that the Constitution contains a core principle of necessity that frees executive officials to act unfettered by other constitutional constraints under some circumstances. One problem with necessity is that it displaces constitutional commitments to constrained action because necessity, not constitutional principle, becomes the ultimate authority for official action. A second problem with necessity is that when it is used to justify the practice of torture, it undermines the liberal conception of the person that grounds the political legitimacy of the State. Finally, when we prioritize necessity, we change how we look at the world in ways that have pervasive legal and cultural consequences for how we employ other constitutional rights. When we rely on necessity to override principled commitments, such as the prohibition against torture, we change our practices and principles, creating the conditions for changing fundamental aspects of our constitutional culture. I argue that although it is always subject to change, our constitutional culture does not support a worldview that legitimates treating persons as objects of torture, and that arguments to change our culture in light of the needs of necessity are insufficient. (shrink)

This article argues the main following points. (1) Communism was fatefully dependent upon the action or inaction of its top leaders because of the vulnerability of the hyper-centralized power and hyper-centralized defense of the ruling class and the ruling party. No one was really able to seriously predict the historical contingencies such as Gorbachev and Yeltsin that played a decisive role. The most that social scientists and analysts could safely claim was that communism had become unsuccessful and problematical to such (...) an extent that force alone could maintain it. However, given the overall history of communism, who could have anticipated that such force would not be used. (2) The United States is toiling now in an overwhelmingly difficult and dangerous transition, not only from a ‘superpower’ to ‘merely’ a big power, but from a totalistic and laissez-faire capitalism to a limited and state-regulated capitalism. It is the most efficacious way of production and primary distribution. However, unless capitalism, national and global, becomes regulated and combined with some kind of socialism (solidarism) that is yet to be established, global crises will keep recurring. The best chance for enlightened socialist (solidaristic) humanism lies in secondary distribution based on equality and justice as its fundamental principles. (3) The very term ‘superpower’ suggests a kind of superhuman, almost divine power. The United States does not have such power because (among other things) apocalyptic weapons are at the disposal of some considerably weaker states (in every other respect). (4) The possibility of the self-destruction of humankind has become the over-determination of all other over-determinations in history. It follows that auto-apocalypse must be separated from the categorical and epochal dichotomy between modernity/ modernism and postmodernity/postmodernism and given an absolute priority, both theoretical and practical. This break should be characterized as post-postmodernity and reflection upon it as post-postmodernism. We are in vital need of a total anti-apocalyptic turnaround in overall thought, sensitivity, activity and organization. Unfortunately, it can now safely be predicted that more and more states and societies, even those founded on (internal) freedoms and desirous to maintain them, will become transformed into states and societies focused on the struggle for survival in the face of auto-apocalyptic threats. I believe that confronted more and more with such threats liberalism will actually, and later probably also explicitly, yield the place of the fundamental operative (unlike declarative) view of the world, ideology, imagology, and principle of social organization — to humankind existentialism. We have entered an existentialist ‘end of history’ instead of the proclaimed liberalistic ‘end of history’. (shrink)

In this book, controversial and world-renowned theologian, Stanley Hauerwas, tackles the issue of theology being sidelined as a necessary discipline in the modern university. It is an attempt to reclaim the knowledge of God as just that – knowledge. Questions why theology is no longer considered a necessary subject in the modern university, and explores the role it should play in the development of our “knowledge” Considers how theology is often excluded from the knowledges of the modern university because these (...) are constituted by an understanding of time necessary to make economic and state realities seem inevitable Argues that it is precisely this difference that makes Christian theology an essential resource for the university to achieve its task - that is, to form people who are able to imagine a different world through critical and disciplined reflection Challenges the domesticated character of much recent theology by suggesting how prayer and the love of the poor are essential practices that should shape the theological task Converses with figures as diverse as Luigi Giussani, David Burrell, Stanley Fish, Wendell Berry, Jeff Stout, Rowan Williams and Sheldon Wolin Published in the new and prestigious Illuminations series. (shrink)

State of nature or Eden? -- Hobbes' state of nature as an account of the fall? -- Hobbes' own belief or unbelief -- The contemporary reaction to Leviathan -- Hobbes and commentaries on Genesis -- A note on method and chapter order -- Good and evil -- Hobbes on good and evil -- The 'seditious doctrines' of the schoolmen -- The contemporary reaction -- The scriptural account -- The state of nature as an account of the fall? (...) -- Equality and unsociability -- Hobbes and natural equality -- The contemporary reaction -- The scriptural account -- Hobbes on natural unsociability -- The contemporary reaction -- The scriptural account -- State of nature as Eden? -- The war of all against all -- Hobbes' war of all against all -- The contemporary reaction -- The scriptural account -- State of nature as fallen condition? -- The right and law of nature -- Hobbes and natural right -- The contemporary reaction -- Hobbes and natural law -- The contemporary reaction -- The scriptural account -- Hobbes as reformed theologian? -- The creation of society -- Hobbes on the escape from the state of nature -- The contemporary reaction : Hobbes versus divine right -- The scriptural account of Cain building a city -- Hobbes on the creation of the commonwealth -- The contemporary reaction : Hobbes versus the patriarchalists -- The scriptural account of the relationship between Adam and Eve -- State of nature as Eden, the process of the fall, and the fallen condition? -- Reading Hobbes' state of nature -- Anti-aristotelianism -- Hobbes' Protestantism. (shrink)

In 2007, Massachusetts instituted a universal coverage health plan that requires all citizens to purchase insurance. I argue that there is nothing wrong in principle with the use of an individual mandate to force citizens to secure health insurance. I argue that state neutrality is not tenable on this issue. Then I proceed to show that even if state neutrality were viable, it is not a violation of state neutrality (thought of as neutrality of intent) to force (...) citizens to insure themselves with the primary purpose of securing the normative good of health. I adapt recent work on universal medical coverage to demonstrate that such a mandate is in keeping with several principles of fairness shared in liberal democratic societies. This argument not only applies to the Massachusetts plan but likely to any other health care coverage schemes using individual mandates in the US political context, including recently passed federal health care reform measures. However, even though the Massachusetts plan may provide increased access to health care for many, there are still legitimate worries that it currently places disproportionate financial burdens on the working poor and thus will need refinement. (shrink)

This article examines the relevance of a theory of the multinational state for the evaluation of claims for self-determination and secession. Considerations of ?ethnocultural justice? imply that the recognition of the multinational character of a state ? or the granting of some of the minority nations' demands ? is a matter of justice. If these requirements are not met, secession could be justified. Indeed, if secession needs a just cause (as it has been argued), a failure to build (...) a truly multinational arrangement can be a valid reason for a minority nation to secede. An approach like the one proposed would also contribute to the resolution of some of the key problems of the three main theories of secession and their appeals to nationalism, choice and remedial rights. (shrink)

Mit Beitragen von: Wolfgang U. Eckart, Christian Bonah, Wolfgang U. Eckart / Andreas Reuland, Alexander Neumann, Peter Steinkamp, Volker Roelcke, Anne ...

The paper argues that the English verb ‘to see’ can denote three different kinds of conscious states of seeing, involving visual experiences, visual seeming states and introspective seeming states, respectively. The case for the claim that there are three kinds of seeing comes from synesthesia and visual imagery. Synesthesia is a relatively rare neurological condition in which stimulation in one sensory or cognitive stream involuntarily leads to associated experiences in a second unstimulated stream. Visual synesthesia is often considered a case (...) of illusory visual experience. This, however, turns out to be a questionable characterization, as there is evidence suggesting that the brain must cognitively process the stimulus in order for the associated synesthetic experience to arise. Furthermore, some very vivid, visual forms of synesthesia do not involve additional processing in the visual cortex. Visual synesthetic experience is likely to be a non-veridical state of seeming rather than an illusory visual experience. Visual seeming states are cognitive states distinct from visual experiences in terms of their representational richness and their neural correlates. Visual seeming states that are non-deviantly causally related to the states of affair they represent constitute a type of non-experiental seeing. Introspective seeming states that are non-deviantly causally related to underlying visual images constitute a second type of non-experiental seeing. The English verb ‘to see’ can denote all three types of seeing, which is to say that ‘to see’ is polysemous. (shrink)

The purpose of this paper is to draw out and make explicit the assumptions made in the treatment of technology within business ethics. Drawing on the work of Freeman (1994, 2000) on the assumed separation between business and ethics, we propose a similar separation exists in the current analysis of technology and ethics. After first identifying and describing the separation thesis assumed in the analysis of technology, we will explore how this assumption manifests itself in the current (...) literature. A different stream of analysis, that of science and technology studies (STS), provides a starting point in understanding the interconnectedness of technology and society. As we will demonstrate, business ethicists are uniquely positioned to analyze the relationship between business, technology, and society. The implications of a more complex and rich definition of lsquotechnologyrsquo ripple through the analysis of business ethics. Finally, we propose a pragmatic approach to understanding technology and explore the implications of such an approach to technology. This new approach captures the broader understanding of technology advocated by those in STS and allows business ethicists to analyze a broader array of dilemmas and decisions. (shrink)

Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I contend, instead, (...) that we should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)

This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent (...) attachment to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant. (shrink)

Contacts between Polish historians, French historians and French centers of historiography - espcially with the prestigious milieu of Fernand Braudel's Annales - were unusual and extraordinary in comparison with other forms of scientific cooperation with foreign countries: both with the West and the “friendly countries.“ Because of the undeniable uniqueness of these relations many scholars from various countries claim that the annalistic methodology “influnced“ Polish historiography. What is characteristic, however, is that these statements are most often completely a priori. This (...) paper is a reflection on the nature of the methodological influence of one historical school on the other and discusses such a possibility, taking into consideration models of circulation of ideas proposed by Pierre Bourdieu and Jerzy Maternicki. It is also an attempt at answering whether historical sciences are able to freely interfere on a supra-national level or whether they are by nature characterized by provincialism, understood here as a limitation to national frameworks outside of which they cannot be understood. (shrink)

The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and (...) administration, which was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform. (shrink)

Focusing on the work of one bioethics commission, the New York State Task Force on Life and the Law, this article explores the role played by moral consensus in public ethics. Task Force members, who were appointed to represent diverse interests in New York State, identified a culturally strong value of individual autonomy as the ethical basis for their work on life-sustaining treatment. This moral consensus permitted the members to unite across their differences and develop public policy recommendations (...) that substantially reformed a highly troubling New York law. However, the principle of autonomy insufficiently guides decisions by caring family members for incompetent adults in cases where little is known of patient preference. A different, more innovative moral vision is required – one that grants a more robust moral authority to the family. While government efforts that rely on moral consensus developed in a broadbased and well-reasoned manner can serve us well, in some cases the consensus will provide inadequate moral guidance. Government bioethical efforts must guard against the limits of moral vision in light of their disproportionate societal power. Keywords: autonomy, consensus, family decisionmaking, government bioethics, incompetent patients, life-sustaining treatment, surrogate decisionmaking CiteULike Connotea Del.icio.us What's this? (shrink)

In this illuminating study Craig argues that the standard practice of analyzing the concept of knowledge has radical defects--arbitrary restriction of the subject matter and risky theoretical presuppositions. He proposes a new approach similar to the "state-of-nature" method found in political theory, building the concept up from a hypothesis about its social function and the needs it fulfills. Shedding light on much that philosophers have written about knowledge, its analysis and the obstacles to its analysis, and the debate over (...) skepticism, this compelling work will be of interest to students and scholars of epistemology and the philosophy of language. (shrink)

Three metaphors appear to guide contemporary thinking about organ transplantation. Although the gift is the sanctioned metaphor for donating organs, the underlying perspective from the side of the state, authorities and the medical establishment often seems to be that the body shall rather be understood as a resource . The acute scarcity of organs, which generates a desperate demand in relation to a group of potential suppliers who are desperate to an equal extent, leads easily to the gift’s becoming, (...) in reality, not only a resource, but also a commodity . In this paper, the claim is made that a successful explication of the gift metaphor in the case of organ transplantation and a complementary defence of the ethical primacy of the giving of organs need to be grounded in a philosophical anthropology which considers the implications of embodiment in a different and more substantial way than is generally the case in contemporary bioethics. I show that Heidegger’s phenomenology offers such an alternative, with the help of which we can understand why body parts could and, indeed, under certain circumstances, should be given to others in need, but yet are neither resources nor properties to be sold. The phenomenological exploration in question is tied to fundamental questions about what kind of relationship we have to our own bodies, as well as about what kind of relationship we have to each other as human beings sharing the same being-in-the-world as embodied creatures. (shrink)

Philosophical considerations have been essentially involved in the origin and development of the steady-state cosmological theory (SST). These considerations include an explicit uniformitarian methodology and implicit metaphysical views concerning the status of natural laws in a changing universe. I shall examine the foundations of SST by reconstructing its early history. Whereas the strong uniformitarian methodology of SST found no support in the subsequent development of cosmology, the idea of a possible influence the global structure of the universe may have (...) on the laws of physics operative in it has been assimilated by the standard big bang theory as it made its remarkable progress in recent decades. (shrink)

This article analogizes the state, in its role as tax collector, to that of an investor, or to be more precise, that of a residual claimant on the earnings of all of the people and firms subject to the taxing power of the state. The relationship between modern democracy and its citizens would be strengthened if this analogy were more widely acknowledged because it recognizes citizen-taxpayers as contracting partners with the state. Unlike other libertarian conceptions of the (...) state's taxing authority, the framework developed here does not jeopardize the state's ability to collect the revenues it needs to provide for the protections of its citizens. The state-as-investor framework developed in this Article leads to a number of tax policy improvements. The framework suggests limits on the government's ability to change people's tax status after they have already embarked on careers and made the sunken, non-diversifiable investments in human capital that such career training requires. The framework advanced here also suggests that people should be able to make a once-in-a lifetime payment in lieu of taxes to the state in order to discharge their tax liability. This approach articulated here also seems superior to the utopian suggestion offered by Ayn Rand that taxation be voluntary, as well as to the unrealistic suggestion made by Nozick that income taxes are violative of man's natural rights. (shrink)

As we approach the end of the twentieth century, the ways in which knowledge--scientific, social, and cultural--is produced are undergoing fundamental changes. In The New Production of Knowledge, a distinguished group of authors analyze these changes as marking the transition from established institutions, disciplines, practices, and policies to a new mode of knowledge production. Identifying such elements as reflexivity, transdisciplinarity, and heterogeneity within this new mode, the authors consider their impact and interplay with the role of knowledge in social relations. (...) While the knowledge produced by research and development in science and technology is accorded central focus, the authors also outline the changing dimensions of social scientific and humanities knowledge and the relations between the production of knowledge and its dissemination through education. Placing science policy and scientific knowledge within the broader context of contemporary society, this book will be essential reading for all those concerned with the changing nature of knowledge, with the social study of science, with educational systems, and with the correlation between research and development and social, economic, and technological development. "Thought-provoking in its identification of issues that are global in scope; for policy makers in higher education, government, or the commercial sector." --Choice "By their insightful identification of the recent social transformation of knowledge production, the authors have been able to assert new imperatives for policy institutions. The lessons of the book are deep." --Alexis Jacquemin, Universite Catholique de Louvain and Advisor, Foreign Studies Unit, European Commission "Should we celebrate the emergence of a 'post-academic' mode of postmodern knowledge production of the post-industrial society of the 21st Century? Or should we turn away from it with increasing fear and loathing as we also uncover its contradictions. A generation of enthusiasts and/or critics will be indebted to the team of authors for exposing so forcefully the intimate connections between all the cognitive, educational, organizational, and commercial changes that are together revolutionizing the sciences, the technologies, and the humanities. This book will surely spark off a vigorous and fruitful debate about the meaning and purpose of knowledge in our culture." --Professor John Ziman, (Wendy, Janey at Ltd. is going to provide affiliation. Contact if you don't hear from her.) "Jointly authored by a team of distinguished scholars spanning a number of disciplines, The New Production of Knowledge maps the changes in the mode of knowledge production and the global impact of such transformations. . . . The authors succeed . . . at sketching out, in very large strokes, the emerging trends in knowledge production and their implications for future society. The macro focus of the book is a welcome change from the micro obsession of most sociologists of science, who have pretty much deconstructed institutions and even scientific knowledge out of existence." --Contemporary Sociology "This book is a timely contribution to current discussion on the breakdown of and need to renegotiate the social contract between science and society that Vannevar Bush and likeminded architects of science policy constructed immediately after World War II. It goes far beyond the usual scattering of fragmentary insights into changing institutional landscapes, cognitive structures, or quality control mechanisms of present day science, and their linkages with society at large. Tapping a wide variety of sources, the authors provide a coherent picture of important new characteristics that, taken altogether, fundamentally challenge our traditional notions of what academic research is all about. This well-founded analysis of the social redistribution of knowledge and its associated power patterns helps articulate what otherwise tends to remain an--albeit widespread--intuition. Unless they adapt to the new situation, universities in the future will find the centers of gravity of knowledge production moving even further beyond their ken. Knowledge of the social and cognitive dynamics of science in research is much needed as a basis of science and technology policymaking. The New Production of Knowledge does a lot to fill this gap. Another unique feature is its discussion of the humanities, which are usually left out in works coming out of the social studies of science." --Aant Elzinga, University od Goteborg. (shrink)

This article considers concrete manifestations of the politogenesis multilinearity and the variation of its forms; it analyzes the main causes that determined the politogenetic pathway of a given society. The respective factors include the polity's size, its ecological and social environment. The politogenesis should be never reduced to the only one evolutionary pathway leading to the statehood. The early state formation was only one of many versions of development of complex late archaic social systems. The author designates various complex (...) non-state political systems as early state analogues. The early state analogue posed a real alternative to the state for a rather long period of time, whereas in many ecologically marginal regions they could compete quite seriously with the state sometimes until recently. Thus, it was only in the final count that the state became the leading form of political organization of complex societies. The very pathways to statehood had a few versions. One may group them into two main types: ‘vertical’ and ‘horizontal’. Within the ‘vertical’ model the state formation took place in a direct way, i.e. directly from small pre-state polities to primitive statehood. Within the ‘horizontal’ model we first ob-serve the formation of early state analogues that were quite com-parable to the state as regards their complexity, whereas later those analogues were transformed into states . (shrink)

This paper aims to increase the reader’s understanding of how the notion of the ‘bobby on the beat’ has been elevated to iconic, if not mythical, status within British policing. In doing so, the article utilises the semiotic idea of myth, as conceptualized by Roland Barthes, to explore how through representations of the ‘bobby on the beat’ police officers have been projected in a more avuncular re-assuring role to a public fearful of crime, which fails to do service to the (...) signifying practices that accompany and embody the visible police patrol. Indeed, police patrol work secures social space for the State and although it does re-assure anxious members of society that their social world is safe and secure, for others, it further illustrates how their social space is fragile and troubled. On another level, the ‘bobby’ narrative has also been harnessed as part of a broader mythologizing of ‘Englishness’ and quintessential British characteristics. (shrink)

Background: Patients in a vegetative state pose problems in diagnosis, prognosis and treatment. Currently, no prognostic markers predict the chance of recovery, which has serious consequences, especially in end-of-life decision-making. -/- Objective: We aimed to assess an objective measurement of prognosis using advanced electroencephalography (EEG). -/- Methods: EEG data (19 channels) were collected in 14 patients who were diagnosed to be persistently vegetative based on repeated clinical evaluations at 3 months following brain damage. EEG structure parameters (amplitude, duration and (...) variability within quasi-stationary segments, as well as the spatial synchrony between such segments and the strength of this synchrony) were used to predict recovery of consciousness 3 months later. -/- Results: The number and strength of cortical functional connections between EEG segments were higher in patients who recovered consciousness (P < .05 – P < .001) compared with those who did not recover. Linear regression analysis confirms that EEG structure parameters are capable of predicting (P = .0025) recovery of consciousness 6 months post-injury, whereas the same analysis failed to significantly predict patient outcome based on aspects of their clinical history alone (P = .629) or conventional EEG spectrum power (P = .473). -/- Conclusions: The result of this preliminary study demonstrates that structural strategy of EEG analysis is better suited for providing prognosis of consciousness recovery than existing methods of clinical assessment and of conventional EEG. Our results may be a starting point for developing reliable prognosticators in patients who are in vegetative state, with the potential to improve their day-to-day management, quality of life, and access to early interventions. (shrink)

The case of Terri Schiavo, a young woman who spent 15 years in a persistent vegetative state, has emerged as a watershed in debates over end-of-life care. While many observers had thought the right to refuse medical treatment was well established, this case split a family, divided a nation, and counfounded physicians, legislators, and many of the people they treated or represented. In renewing debates over the importance of advance directives, the appropriate role of artificial hydration and nutrition, and (...) the responsibilities of family members, the case also became one of history's most extensively litigated health care disputes. The Case of Terri Schiavo assembles a team of first-hand participants and content experts to provide thoughtful and nuanced analyses. In addition to a comprehensive overview, the book includes contributions by Ms. Schiavo's guardian ad litem, a neurologist and lawyer who participated in the case, and scholars who examine issues related to litigation, faith, gender, and disability. The volume also includes a powerful dissent from the views of many scholars in the bioethics community. The book is intended for students, health care professionals, policy makers, and other in search of carefully reasoned analyses of the case that will shape our view of death and end-of-life medical care for decades. (shrink)

Moore attempts to show that privacy, conceived as "control over access to oneself and to information about oneself" is "necessary" for human well-being. Moore grounds his argument in an analysis of the need for physical separation, which Moore suggests is universal among animal species. Moore notes, "One basic finding of animal studies is that virtually all animals seek periods of individual seclusion or small-group intimacy." Citing several studies involving rats and other animals, Moore points out that a lack of (...) such separate space frequently results in threats to survival. Moore goes on to suggest, quite plausibly, that since we evolved from such animals, we share some need for separation. I argue such reasoning involves a conceptual mistake, as a need for physical space and separation is not obviously tantamount to a need for privacy of any kind - much less a need for information privacy. (shrink)

As an answer to the humanistic, socially oriented critique of the information-processing paradigms used as a conceptual frame for library information science, this article formulates a broader and less objective concept of communication than that of the information-processing paradigm. Knowledge can be seen as the mental phenomenon that documents (combining signs into text, depending on the state of knowledge of the recipient) can cause through interpretation. The examination of these “correct circumstances” is an important part of information science. This (...) article represents the following developments in the concept of information: Information is understood as potential until somebody interprets it. The objective carriers of potential knowledge are signs. Signs need interpretation to release knowledge in the form of interpretants. Interpretation is based on the total semantic network, horizons, worldviews, and experience of the person, including the emotional and social aspects. The realm of meaning is rooted in social-historical as well as embodied evolutionary processes that go beyond computational algorithmically logic. The semantic network derives a decisive aspect of signification from a person’s embodied cultural worldview, which, in turn, derives from, develops, and has its roots in undefined tacit knowledge. To theoretically encompass both the computational and the semantic aspects of document classification and retrieval, we need to combine the cybernetic functionalistic approach with the semiotic pragmatic understanding of meaning as social and embodied. For such a marriage, it is necessary to go into the constructivistic secondorder cybernetics and autopoiesis theory of von Foerster, Maturana, and Luhmann, on the one hand, and the pragmatic triadic semiotics of Peirce in the form of the embodied Biosemiotics, on the other hand. This combination is what I call Cybersemiotics. (shrink)

Usual derivations of Lilders's projection rule show that Liuders's rule is the rule required by quantum statistics to calculate the final state after an ideal (minimally disturbing) measurement. These derivations are at best inconclusive, however, when it comes to interpreting Liuders's rule as a description of individual state transformations. In this paper, I show a natural way of deriving Liiders's rule from well-motivated and explicit physical assumptions referring to individual systems. This requires, however, the introduction of a concept (...) of individual state which is not standard. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be (...) undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Contrary to what we might initially think, domestic violence is not simply a violation of respect. This characterization of domestic violence misses two key points. First, the issue of respect in connection with domestic violence is not as straightforward as it appears. Second, domestic violence is also a violation of care. These key points explain how domestic violence negatively affects a victim’s autonomy and agency—the ability to choose and pursue her own goals and life plan.We have a moral responsibility to (...) respond to the problem of domestic violence as individuals. But the state also has a responsibility to respond. According to Kant in the Doctrine of Right, one of the purposes of the state is to secure just treatment for everyone. I argue that this includes an obligation to put in place policies and services that will promote the autonomy and agency of victims of domestic violence. (shrink)

According to both the traditional model of folk psychology and the social intelligence hypothesis, our folk psychological notions of belief and desire developed in order to make better predictions of behavior, and the fundamental role for our folk psychological notions of belief and desire are for making more accurate predictions of behavior (than predictions made without appeal to folk psychological notions). My strategy in this paper is to show that these claims are false. I argue that we need not appeal (...) to mental states to make predictions of many behaviors, and I will offer a positive account of how we might go about predicting intentional behavior. Finally, I suggest that taken together, the critique of traditional folk psychology along with the alternative account of our predictive practices leads to a new hypothesis. While it may be true that mental state concepts developed in response to social-environmental pressures, I suggest that this pressure was more likely the need to explain behavior, rather than the need to predict it. (shrink)

From Machiavelli and Guicciardini to Gracián and Richelieu, secrecy is a defining element in the politics of reasons of state, in the art of simulation and dissimulation. These techniques were considered instrumental in order to procure the very survival of the state in situations of permanent emergency. From politics as a secret art centered on the prince’s cabinet, we move gradually along an historical and theoretical path. From English liberalism that places the parliament at the center of politics (...) and the French Enlightenment that exalted the capacity of reason to enlighten the mind and help humankind to leave the state of minority, we move toward democracy as public knowledge, as a ‘house of glass', exposed to the scrutiny and control of public opinion. It is nonetheless clear that neither the proto-liberal parliament nor the subsequent parliamentary democracies will ever become the ‘houses of glass' that democratic ideologies champion. This is true in the recent decades in which populism and demobilization of masses are changing the essence of democracy. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume (...) will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”— Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”— Telos. (shrink)

In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, (...) the relationship between law and morality, and the foundations of human rights. While I was not convinced by several of the arguments, the book does have many important virtues. In particular, it provides a clear discussion of the idea of fiduciary relationships and duties that is useful for, and should be largely accessible to, non-lawyers. And, though I do not think that Fox-Decent has established all that he hoped to in the book, he does a good job of showing how fiduciary relationships are relevant to the above issues and worth considering. (shrink)

Abstract In a recent issue of Neuroethics , I considered whether the notion of human dignity could help us in solving the moral problems the advent of the diagnostic category of minimally conscious state (MCS) has brought forth. I argued that there is no adequate account of what justifies bestowing all MCS patients with the special worth referred to as human dignity. Therefore, I concluded, unless that difficulty can be solved we should resort to other values than human dignity (...) in addressing the moral problems MCS poses. In his new book Christopher Kaczor criticizes the argument I put forward. Below, I respond to Kaczor’s criticism. I maintain that the considerations he presents do not undermine my argument nor succeed in providing adequate justification for the view that all MCS patients possess the worth referred to as human dignity. Content Type Journal Article Category Original Paper Pages 1-11 DOI 10.1007/s12152-011-9147-z Authors Jukka Varelius, Department of Behavioural Sciences and Philosophy, University of Turku, Turku, 20014 Finland Journal Neuroethics Online ISSN 1874-5504 Print ISSN 1874-5490. (shrink)

: In this paper I argue that Hume's famous discussion of probability and induction, as originally presented in the Treatise, is significantly motivated by irreligious objectives. A particular target of Hume's arguments is Joseph Butler's Analogy of Religion. In the Analogy Butler intends to persuade his readers of both the credibility and practical importance of the doctrine of a future state of rewards and punishments. The argument that he advances relies on probable reasoning and proceeds on the assumption that (...) our past experience in this life serves as a reliable and effective guide for our expectations concerning a future state. In the relevant sections of the Treatise Hume aims to discredit this religious argument and the practical objectives associated with it. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Investigating how a number of modern empires transform over the long 19th century (1789-1914) as a consequence of their struggle for ascendancy in the Eastern Mediterranean and Middle East, Foundations of Modernity: Human Agency and the Imperial State moves the study of the modern empire towards a...

In Part I of this paper, I argue that the arguments Plato offers for the tripartition of the soul are founded upon an equivocation, and that each of the valid options by which Plato might remove the equivocation will not produce a tripartite soul. In Part II, I argue that Plato is not wholly committed to an analogy of soul and state that would require either a tripartite state or a tripartite soul for the analogy to hold. It (...) follows that the heart of the analogy is not to be found in the comparison of the Kallipolis and its three parts to the soul conceived as tripartite, but rather must be supposed to reside in some other connection between the ways in which justice characterizes states and souls, and I will suggest what this other connection consists in. (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting (...) moral license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

Solidarity as a social phenomenon means a sharing of feelings, interests, risks and responsibilities. The Western-European Welfare State can be seen as an organized system of solidarity, historically grown from group solidarity among workers, later between workers and employers, moving towards solidarity between larger social groups: between healthy people and the sick, between the young and the elderly, between the employed and the unemployed. This sharing of risks at a societal level however, has revealed the risks of sharing. In (...) the postwar development of the welfare state, solidarity has been organized mainly in administrative forms, run by anonymous bureaucracies and giving way to free riders and calculative citizens. This article describes this development and provides arguments for a reorientation of the welfare state and for the re-allocation of rights, risks and responsibilities. (shrink)

The paper explores the role played by concepts of temporality in shaping the self's identity and its moral responsibility. This theme is examined in both Kant and Benjamin, two theorists who view the modern self as an essentially historical being. For Kant, teleological and uniform time shoulders the heightening of the self's universal attributes and the constant expansion of a moral community. The desired end is the establishment of an integrated and homogeneous human space, a cosmopolitan stage wherein history is (...) finally redeemed. This progressive notion of time is seen as dangerous by Benjamin, since it generates forgetfulness and inner impoverishment of the self. Instead, Benjamin advances a fragmented conception of time, one allowing conversation between distant moments and grounding identity in concrete images. While the poetic recovery of memory leads to the distinct and exclusive, Benjamin follows Kant in demanding universal moral responsibility of the self. However, Benjamin's strategy, so to speak, is the integration of our temporal - not spatial - experience. Key Words: Benjamin • history • Kant • nation-state • space • time. (shrink)

For many, it is far from clear where the prerogatives of parents to educate as they deem appropriate end and the interests of their children, immediate or future, begin. In this article I consider the educational interests of children and argue that children have an interest in their own well-being. Following this, I will examine the interests of parents and consider where the limits of paternalism lie. Finally, I will consider the state's interest in the education of children and (...) discuss a familiar view that argues that we have a central obligation to cultivate good citizens. The article will focus on the tensions which inevitably arise from the sometimes conflicting interests between them. (shrink)

Abstract In 1995, the constitution of the Mexican state of Oaxaca was reformed to recognise indigenous usages and customs for the election of municipal governments. This recognition is problematic from a normative perspective, as women, new?comers and dwellers in municipal sub?units are disenfranchised in a good number of indigenous municipalities of the state. Nevertheless, this article argues against a summary assessment of the (presumably illiberal) consequences of this recognition policy. Following James Tully, it advocates an intercultural, dialogical (...) and inclusive procedure to tackle the perils of the politics of recognition in Oaxaca and Mexico. However, this procedure?based approach raises problems of its own related to the issues of representation and intra?communal divisions. As a result, the ultimate role of substantive commitments, in particular to individual rights, needs to be recognised. Despite these shortcomings, though, an approach based on an intercultural, dialogical and inclusive conflict?solving procedure is the best option to deliver more just answers to indigenous demands for recognition. (shrink)

This paper makes the case for conceptualizing news as a contested commodity. It offers an unprecedented application of commodification theory to the problem of the sustainability of a free press in a democracy. When the news media are expected to be purveyors of the public interest while pursuing profits for their corporate owners, the result often is a clash of capitalist and journalistic imperatives. The amoral values of the market system conflict with the moral agency of a free press, and (...) the two are inherently incompatible. This study presents a synthesis of otherwise divergent theoretical perspectives to examine the free press-free market paradox from a new vista. The author concludes regulatory reforms are needed to insulate the press from the predatory expansion of a free market system that permeates every aspect of social life, including the production of news. “American mainstream media have become the watchdog and guardian of the corporate bottom line instead of the vanguard of democracy and the public interest…. Driven by profit maximization … Instead of protecting against abuses of government power by keeping the public adequately informed, they have become complicit in destabilizing and undermining American democracy.” —Elliot D. Cohen (2005a, p. 17). (shrink)

One of the main targets of Progressive constitutional critique was the system of separation of powers. Woodrow Wilson was especially critical of that feature of American constitutionalism. As has been noted by others, Wilson wanted to replace the separation of powers with the conceptual and institutional distinction between politics and administration. Wilson, however, had an extremely truncated and on the whole inaccurate view of the point and intended operation of separation of powers, as an examination of the (...) doctrine in the philosophy of John Locke demonstrates. (shrink)

Claims regarding collective or group mental states are fairly commonplace: we speak of things like the belief of the Church, the will of the faculty, and the opinion of the Supreme Court, often without considering what such claims really mean and whether they are true in any interesting sense. In this paper I take a threefold approach: first, I articulate several ways in which a group might be said to have beliefs and other mental states. Second, I explore the implications, (...) positive and negative, of these accounts of collective mental states. Third, I give a brief defense of my own view despite its somewhat disturbing implications for our membership in Church, State, and other groups. (shrink)

Consciousness in experimental subjects is typically inferred from reports and other forms of voluntary behaviour. A wealth of everyday experience confirms that healthy subjects do not ordinarily behave in these ways unless they are conscious. Investigation of consciousness in vegetative state patients has been based on the search for neural evidence that such broad functional capacities are preserved in some vegetative state patients. We call this the standard approach. To date, the results of the standard approach have suggested (...) that some vegetative state patients might indeed be conscious, although they fall short of being demonstrative. The fact that some vegetative state patients show evidence of consciousness according to the standard approach is remarkable, for the standard approach to consciousness is rather conservative, and leaves open the pressing question of how to ascertain whether patients who fail such tests are conscious or not. We argue for a cluster-based ‘natural kind’ methodology that is adequate to that task, both as a replacement for the approach that currently informs research into the presence or absence of consciousness in vegetative state patients and as a methodology for the science of consciousness more generally. (shrink)

Higher-Order Representational theories of consciousness — HORs — primarily seek to explain a mental state’s being conscious in terms of the mental state’s being represented by another mental state. First-Order Representational theories of consciousness — FORs — primarily seek to explain a property’s being phenomenal in terms of the property being represented in experience. Despite differences in both explanans and explananda, HORs and FORs share a reliance on there being such a property as being represented. In this (...) paper I develop an argument — the Unicorn Argument — against both HORs and FORs. The core of the Unicorn is that since there are mental rep- resentations of things that do not exist, there cannot be any such prop- erty as being represented, and thus no such property with which to identify either being conscious or being phenomenal. (shrink)

This essay looks at the relationship between formative aesthetics, language and the historical anticipation that begins with Antonio Gramsci's discussion of Kant's idea of noumenon. In Gramsci both education (as formazione) and aesthetics stem from a concern for power in terms of the hegemonic relations that are inherent to history as a political horizon. The title cites Gramci's suggestion that Kant's noumenon should be read as a proviso set apart by a ‘relative ignorance’ of reality [‘relativa ignoranza’ della realtà] to (...) be resolved by a future science. Yet far from another epistemological layering, a future science must also resolve those hegemonic relations of power that emerge from formation as a political act figured in the agonistic character of language as lingua and linguaggio. Further down the lane of our ‘relative ignorance’ we are confronted by a Post-Taylorist condition that precludes any false hopes of a reversal of society's educational, economic and political misfortunes. Yet, while Post-Taylorism confirms that this state of affairs is irreversible, a deeper inquiry into the aesthetic-agonistic character of formation could afford us answers that are in no way solutions but, because adept to struggle and are characteristically aesthetical, might provide an understanding of the logic of irreversibility. Because it remains conscious of its ‘relative ignorance’, this assumption offers a hopeful approach that comes to us sideways; thereby avoiding the predicament of what Lyotard and Thébaud regarded as a condition where ‘the prescriptive is derived from the descriptive’. (shrink)

Collection of published and unpublished essays covering most of my work up to 1990. Chapters 1 & 2 are about orthodox economics. Chapter 3 is the infamous pseudonymous spoof of Nozick, whose context and reaction is explained in the introduction. Chapter 4 puts the labor theory of property and democratic theory in a Kantian framework of treating persons as ends in themselves (instead of as rentable instruments of production). Chapter 5 shows how to reformulate marginal productivity theory using the fact (...) that while many factors are causally efficacious, only labor is responsible human action. Chapter 6 gives the first mathematical formulation of double entry bookkeeping which was necessary for the labor theory of property treatment of the stocks and flows of property within a firm. Chapter 7 gives the independent and more technical treatment of what eventually became known as John Searles differentiation of minds and machines. Chapter 8 shows how the old philosophical notions of a concrete universal is perfectly modeled by the universal objects of category theory. The other chapters develop various mathematical ideas in a fairly accessible form. (shrink)

There has been a growing debate about the ethics of management buy-outs (MBOs). One possible criticism of the MBO is that it serves the interests of incumbent management at the expense of shareholders. In this paper we develop the general arguments concerning the ethical aspects of the MBO to include other forms of buy-out beyond going privates and apply the analysis to MBOs as a mode of privatisation in Central and Eastern Europe (CEE). MBOs are justified in this context postperestroika (...) as a means of incentivising economic activity by giving managers an ownership stake in former state enterprises. The actual mode of privatisation, though, raises issues of social justice and the criticism that MBOs are at the expense of the broader social good. The ethical problem for the CEE is to balance the economic gains of a move to markets with the ethical risks to the agents of these markets. (shrink)

Jerry Fodor now holds (1990) that the content of mental state types opaquely taxonomized (de dicto content: DDC) is determined by the 'orthographical' syntax + the computational/functional role of such states. Mental states whose tokens are both orthographically and truth-conditionally identical may be different with regard to the computational/functional role played by their respective representational cores. This make them tantamount to different contentful states, i.e. states with different DDCs, insofar as they are opaquely taxonomized. Indeed they cannot both be (...) truthfully ascribed to a single subject at the same time. Some years ago (1987), Fodor postulated a notion of mental content which also went beyond that of a mental state's truth-conditions. States whose tokens differ in their truth-conditions, or broad content, might, he claimed, still share a narrow content (NC), which was causally responsible for the shared behavior of the subjects of these states. For instance, two molecularly identical individuals, living in environments in all respects the same, except for the chemical substance of the phenomenically indistinguishable liquids filling their respective lakes and rivers, would behave similarly when having truth-conditionally different thoughts regarding those liquids. According to Fodor, this sameness of behavior was causally dependent on the sameness of the NC of the two individuals' truth-conditionally different thoughts. Now, this way of individuating mental states is still of interest for semantics. Indeed, NC allows one contextually to fix the broad content of a mental state token. Echoing Kaplan's notion of character,1 Fodor explained NC as a function that mapped contexts (of thought) onto broad contents. NC was thus invoked by Fodor mainly in order to account for sameness of intentional behavior. But DDC also plays a role in explaining intentional behavior, precisely by explaining why a subject whose thought-tokens have identical truthconditions may behave differently.. (shrink)

Psychogenic depersonalization is an altered mental state consisting of an unusual discontinuity in the phenomenological perception of personal being; the individual is engulfed by feelings of unreality, self-detachment and unfamiliarity in which the self is felt to lack subjective perspective and the intuitive feeling of personal embodiment. A new sub-feature of depersonalization is delineated. 'Prosthesis' consists in the thought that the thinker is a 'mere thing'. It is a subjectively realized sense of the specific and objective 'thingness' of the (...) particular object thought about. I show that prosthesis is an important cognitive feature of depersonalization, and may be psychologically connected with the tendency of depersonalized individuals to report 'philosophical' types of thinking. Indeed, several philosophical issues concerning the identity of the self appear to have been enhanced by prosthesis experiences. Thus, far more efficient than William James's experimental attempts to uncover philosophical truths under the influence of nitrous oxide intoxication, prosthesis may be a safe and recommended experience for philosophers. The history of depersonalization theories is presented from Krishaber to Freud, and the main approaches to prosthesis criticized. Finally, a fresh approach to psychogenic depersonalization is outlined on the basis of certain cognitive similarities with visual agnosia. This paper may be understood as continuing the Jamesian tradition 'experimental abnormal psychology', that is, of examining extraordinary mental states with an eye to their philosophical implications. (shrink)

The present article discusses the relationship between might ( potentia ) and power ( potestas ) as it has unfolded throughout the modern age, from Thomas Hobbes to Carl Schmitt. Hobbes indicates the way forward for a progressive linguistic and conceptual coincidence of potentia and potestas : the goal of Hobbesian political philosophy (the search for peace and security) necessitates the reduction of potentia to potestas through the elimination of the content of actus . Schmitt accepts this reduction, by assigning (...) priority to potestas : the image of modern technology as a privileged dimension of potentia—potestas comes together as the modern state. Instead of taking the route of potentia understood as an opening-up to new possibilities and as human self-affirmation, the language of potentia—potestas has triggered a process, which is that of a naturalization of power relations, that is based on and justified by the social inequality arising from the differing extent of ownership of the instruments of technological production. (shrink)

The aim of this paper is to critically review the game-theoretic discussion of Hobbes and to develop a game-theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game-theoretic representation of which requires the prisoner's dilemma and the assurance game and the so-called (...) assurance dilemma. However, the “state of war” ultimately emerges from situations that cannot be described by any of these games because they represent zero-sum games in which the outcome of mutual cooperation does not exist. (shrink)

This paper centers upon the issue, within the project of analytic jurisprudence, of how to construe the status of the legal activities of a state when there is a disjuncture between a nation's formal legal commitments, such as those stated within a bill or charter of rights, and the way in which its officials actually engage in the practice of law, i.e., legislation and adjudication. Although there are two positions within contemporary legal theory which focus directly on this issue (...) (Inclusive and Exclusive Legal Positivism), neither is able to offer an acceptable descriptive-explanatory account of the variety of legal activities at play within such situations. Thus, tensions between legal formality and practice, existent in many legal systems today, can be used to delineate a theoretical gap in regard to our understanding of law. This paper serves to acknowledge that point, and suggests a possible constructive solution to the positivists' descriptive-explanatory problem. Furthermore, in taking seriously the gap between the normative orientation of a legal system and its de facto practice, this paper also suggests other areas within analytic jurisprudence that might be meaningfully informed by that issue. (shrink)

The concept of jus post bellum deals with moral considerations in the aftermath of conflict and is concerned with how a just peace should look like. This paper analyses the concept of jus post bellum as developed by contemporary Just War theorists. Its aim is to provide a critical perspective on the proposed substantial scope of this concept. In other words, it will consider the question: in restoring peace after war, is it justified for just combatants to change the political (...) structure of a defeated aggressor? The piece will be divided into two main parts. First, through a review of the literature, I define the current state of the art on jus post bellum thinking in relation to a number of key aspects of this concept. What does241 it entail? Which principles is it made of? What sort of activities do just war theorists speak about when they speak of creating a just peace? Second, I focus on the principle of ?political rehabilitation? of the defeated state: is it permissible? Under what circumstances? While considering these questions and authors' views on this matter, the paper will provide a critical reappraisal of the current debate on the justifiability of political reconstruction in post-conflict states. (shrink)

Recent discussions in the philosophy of science have devoted considerable attention to the analysis of conceptual issues relating to the methodology of explanation and prediction in the sciences. Part of this literature has been devoted to clarifying the very ideas of explanation and prediction. But the discussion has also ranged over various related topics, including the status of laws to be used for explanatory and predictive purposes, the logical interrelationships between explanatory and predictive reasonings, the differences in the strategy of (...) explanatory argumentation in different branches of science, the nature and possibility of teleological explanation, etc. The aim of the present article is to examine the issues involved in such questions from the specialized perspective afforded by one particular kind of physical systems--namely, systems, here to be characterized as discrete state systems, whose behavior has been studied extensively in the scientific literature under the general heading of Markov chains. These systems have been chosen as our focus because their behavior over time can be analyzed at once with great ease and with extraordinary precision. (shrink)

In this article I argue that Jacques Derrida is correct in holding that the law is always an authorized force but that he is mistaken in suggesting that its ultimate font or origin (what he calls the ‘mystical foundation of authority’) is an originary or ‘foundationalional’ act of violence. I suggest that Derrida and, more recently, Jens Bartelson fall prey to a curious, one-sided narrow view of ‘foundationalism’ and contrast their overly ‘architecturalized’ image of the ‘foundation’ of authority with the (...) foundationalism of Thomas Hobbes which is, I shall argue, architectural only as and when appropriate. I also suggest that Hobbes helps us to see that the state, strictly speaking, does not ‘have’ or ‘exercise’ authority but that it is, rather, the font or source of the authority wielded by its (empirical) government. Key Words: Jens Bartelson • Jacques Derrida • Thomas Hobbes • justice • Immanuel Kant • law • Michel de Montaigne • Blaise Pascal • violence. (shrink)