However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge (...) seriously enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)
Experience clearly suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear just what the appropriate liberal strategy is and should be in defense of this thesis. Rather than try to defend SSM directly, I shall proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. Initially, I shall consider what I take to be the most powerful liberal argument (...) against SSM prohibitions and account for my reservations about it. Then, I shall propose an alternative argument with roots in constitutional law that since SSM prohibitions do not survive liberal scrutiny, they must be rejected. (shrink)
Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the (...) sex or number of spouses and the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)
Many philosophers have portrayed Kant as having little of interest or merit to say about personal relationships--especially marriage. I argue that we can glean a compelling ideal of marriage from Kant’s ethical theory if we draw on Kant’s ideal of friendship (and on the formula of humanity, on which that ideal is based). Indeed, Kant himself often compares marriage and friendship, though he says that it is friendship rather than marriage that contains the maximum of reciprocal (...) love balanced with respect. I suggest that we cannot forge this Kantian ideal of marriage, however, without challenging Kant on a number of points. I argue that we must disregard a variety of Kant’s views about women and men, soften Kant’s insistence on both equality and distance between friends, and place more importance on the emotion of love in both friendship and marriage. (shrink)
John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational (...) basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)
The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful (...) harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)
A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applic- able the ideal (...) of higher friendship is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)
This essay argues that current advocacy of lesbian and gay rights to legal marriage and parenthood insufficiently criticizes both marriage and motherhood as they are currently practiced and structured by Northern legal institutions. Instead we would do better not to let the State define our intimate unions and parenting would be improved if the power presently concentrated in the hands of one or two guardians were diluted and distributed through an appropriately concerned community.
Some critics of same-sex marriage allege that this kind of union not only betrays the nature of marriage but that it also opens children to various kinds of harm. Same-sex marriage is objectionable, on this view, in its nature and in its effects. A view of marriage as requiring an unassisted capacity to conceive children may be respect as one idea of marriage, but this view need not be understood as marriage itself. It is (...) not clear, in any case, why government should prefer this one idealized view of marriage over other others, so long as recognition of other kinds of marriage do not stand in the way of government carrying out its core interests, such as the protection of children. The idea that children are necessarily harmed when conceived by and for same-sex couples cannot be sustained as a matter of psychological evidence or moral argument. No research shows that such children are routinely harmed or rarely-but-catastrophically. Comparative accounts of the welfare of children of same-sex couples cannot show either that children must be brought into existence only under ideal circumstances. (shrink)
: If liberal theory is to move forward, it must take the political nature of family relations seriously. The beginnings of such a liberalism appear in Mary Wollstonecraft's work. Wollstonecraft's depiction of the family as a fundamentally political institution extends liberal values into the private sphere by promoting the ideal of marriage as friendship. However, while her model of marriage diminishes arbitrary power in family relations, she seems unable to incorporate enduring sexual relations between married partners.
During his long life (1872-1970) Bertrand Russell was one of a handful of social thinkers, let alone internationally recognized philosophers, whose views on contemporary issues won for him a devoted and supportive audience on the one hand and a host of vituperative critics on the other. Russell's revolutionary writings frequently placed him in the center of controversy with conservatives and all those who were unwilling to consider moral questions from a rational rather than an emotional stance. -/- Al Seckel has (...) compiled an exhaustive collection of Russell's very best and most thought-provoking essays on ethics, social morality, happiness, sex, adultery, marriage, and divorce. Often hidden in obscure journals, pamphlets, out-of-print periodicals, and hard-to-find books, the works assembled here comprise a comprehensive volume that is augmented by valuable section introductions and editor's comments. This volume also includes "Morality and Instinct," which is published here for the first time. (shrink)
I argue that promoting justice within marriage requires a cultural reconceptualiza¬tion of marriage itself as not merely a relationship of love, but as also a commitment to justice. I argue that it is insufficient to combat injustice in marriage with progressive laws and policies, even when combined with smart planning and bargaining on the part of women. Also necessary is a change in the way marriage itself is viewed. In addition to being regarded as an emotional (...) commitment, it should also be seen as a commitment to interpersonal justice. I discuss what this reconceptualization would mean in practice and address several possible objections. (shrink)
The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful (...) harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)
Dr. Wilson explores how Kant's views of marriage are really developmental and how he foresees marriage evolving to become more egalitarian under the impetus of unsociable-sociability.
Incompatability in marriage.- The spirital attitude towards old age.- Woman's spiritual influence in marriage.- The revolt against conventional morality.- The ethical attitude towards enemies.- The strain between the older generation and the younger.- The ethical attitude towards the departed.
New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify the (...) relation between marriage and human flourishing and the morality of same-sex marriage without making marriage infinitely plastic. (shrink)
Introduction -- Part I: Love -- What is love? -- Romantic love -- The basis of romantic love -- Love and morality -- Part II: Sex -- What is sex? -- Sex, pleasure, and morality -- Sexual objectification -- Sexual perversion and fantasy -- Part III: Marriage -- What is marriage? -- Controversies over same-sex.
We argue that the fragility of contemporary marriages—and the corresponding high rates of divorce—can be explained (in large part) by a three-part mismatch: between our relationship values, our evolved psychobiological natures, and our modern social, physical, and technological environment. “Love drugs” could help address this mismatch by boosting our psychobiologies while keeping our values and our environment intact. While individual couples should be free to use pharmacological interventions to sustain and improve their romantic connection, we suggest that they may have (...) an obligation to do so as well, in certain cases. Specifically, we argue that couples with offspring may have a special responsibility to enhance their relationships for the sake of their children. We outline an evolutionarily informed research program for identifying promising biomedical enhancements of love and commitment. (shrink)
Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent that (...) intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)
Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples (...) enjoy—i.e., the right to marry. I argue that the right to marry is fundamentally, not an individual right, but a couple’s collective right, analogous to assembly rights. (shrink)
When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules (...) out marriage only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)
: Gay marriage highlights a contradiction in American national identity: if gay marriage is supported, the normative status of the heterosexual nuclear family is undermined, while if not, the civil rights of homosexuals are undermined. This essay discusses the feminist dilemma of whether to support gay marriage to promote these individual civil rights or whether to critique marriage as a part of the patriarchal system that oppresses women.
If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)
The too-often unhappy 'marriage' of political theory and political science has long been a source of anguish for both partners. Should this troubled partnership be dissolved? Or might this marriage yet be saved? Ball answers the former question negatively and the latter affirmatively. Playing the part of therapist instead of theorist, he selectively recounts a number of episodes which estranged the partners and strained the marriage. And yet, he concludes that the conflicts were in hindsight more constructive (...) than destructive, benefiting both partners in heretofore unexpected ways and perhaps paving a path toward reconciliation and rapprochement. (shrink)
There is an obvious, perhaps even trite, argument against getting married which deserves our attention. Reduced to a crude sketch, the argument is simply that, (a) most of us view the prospect of being married in the absence of mutual love with something like horror or at least great antipathy; (b) the mutual love between us and our spouse existing at the inception of our marriage may very well fail to persist; and hence (c) when we marry we are (...) putting ourselves in the position of quite possibly ending up in a loveless marriage of the sort we acknowledge to be undesirable, and this is a mistake. (shrink)
: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
This paper replies to two arguments against marriage presented by Dan Moller (Philosophy 78, 2003: 79–91). One of Moller's arguments examines several ways in which the marriage promise could be explained, and shows that none of them is viable. The other argument suggests that marriage may not be a worthwhile enterprise since marriages frequently fail, in that they become loveless or end up in divorce. I argue that the marriage promise can be explained in a way (...) unconsidered by Moller, which renders the promise viable; and that notwithstanding the failure of many marriages, it still is, for some people, a worthwhile enterprise. (shrink)
That the history and the philosophy of science have been united in a form of disciplinary marriage is a fact. There are pressing questions about the state of this union. Discourse on a New Method: Reinvigorating the Marriage of History and Philosophy of Science is a state of the union address, but also an articulation of compelling and well-defended positions on strategies for making progress in the history and philosophy of science.
The Quine-Putnam Indispensability argument is the argument for treating mathematical entities on a par with other theoretical entities of our best scientific theories. This argument is usually taken to be an argument for mathematical realism. In this chapter I will argue that the proper way to understand this argument is as putting pressure on the viability of the marriage of scientific realism and mathematical nominalism. Although such a marriage is a popular option amongst philosophers of science and mathematics, (...) in light of the indispensability argument, the marriage is seen to be very unstable. Unless one is careful about how the Quine-Putnam argument is disarmed, one can be forced to either mathematical realism or, alternatively, scientific instrumentalism. I will explore the various options: (i) finding a way to reconcile the two partners in the marriage by disarming the indispensability argument (Jody Azzouni [2], Hartry Field [13, 14], Alan Musgrave [18, 19], David Papineau [21]); (ii) embracing mathematical realism (W.V.O. Quine [23], Michael Resnik [25], J.J.C. Smart [27]); and (iii) embracing some form of scientific instrumentalism (Ot´ avio Bueno [7, 8], Bas van Fraassen [30]). Elsewhere [11], I have argued for option (ii) and I won’t repeat those arguments here. Instead, I will consider the difficulties for each of the three options just mentioned, with special attention to option (i). In relation to the latter, I will discuss an argument due to Alan Musgrave [19] for why option (i) is a plausible and promising approach. From the discussion of Musgrave’s argument, it will emerge that the issue of holist versus separatist theories of confirmation plays a curious role in the realism–antirealism debate in the philosophy of mathematics. I will argue that if you take confirmation to be an holistic matter—it’s whole theories (or significant parts thereof) that are confirmed in any experiment—then there’s an inclination to opt for (ii) in order to resolve the marital tension outlined above.. (shrink)
: This paper may be read as a reclamation project. It argues, with Simone de Beauvoir, that patriarchal marriage is both a perversion of the meaning of the couple and an institution in transition. Parting from those who have given up on marriage, I identify marriage as existing at the intersection of the ethical and the political and argue that whether or not one chooses marriage, feminists ought not abandon marriage as an institution.
In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be both legal (...) and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. One potentially surprising conclusion of this inquiry is that far from creating strong reasons for tolerating these practices, religious or cultural reasons for valuing incest (as well as polygamy) actually seem to count against tolerating them. The reason is that from a liberal perspective, tolerating polygamy and incest involves the assumption that it is possible to disassociate polygamy and incest simpliciter from abusive practices associated with them, including environments where children are raised to devalue their own sexual (and other) autonomy. However, the presence of comprehensive doctrines which include polygyny or incest as part of a good life actually makes it harder to justify disassociating polygamy and incest themselves from the likely abuse and coercion practiced by those who would value polygyny or incest. (shrink)
This paper reviews the evolutionary history and biology of love and marriage. It examines the current and imminent possibilities of biological manipulation of lust, attraction and attachment, so called neuroenhancement of love. We examine the arguments for and against these biological interventions to influence love. We argue that biological interventions offer an important adjunct to psychosocial interventions, especially given the biological limitations inherent in human love.
: This paper examines Simone de Beauvoir's account of marriage in The Second Sex and argues that Beauvoir's dichotomy between transcendence and immanence can provide an illuminating critique of continuing gender inequities in marriage and divisions of domestic work. Beauvoir's existentialist ethics not only establishes a moral wrong in marriages in which wives perform the second shift of household labor but also supports the need to transform existing normative expectations surrounding wives and domestic work.
Oregon State University, USA, andrew.valls{at}oregonstate.edu ' + u + '@' + d + ' '//--> In this article, we draw an analogy between the regulation of market language (including official definitions of `organic', `ice cream', and `diamond') and the regulation of the social and legal label `marriage'. Many of the issues raised in the debate over same-sex marriage are less about access to material benefits than about the social and cultural meaning of `marriage'. After reviewing the issues (...) in this debate, we present an analysis of the regulation of language in the marketplace. We discuss the considerations that shape how the state regulates language in the marketplace, if it regulates it at all. Using this framework to analyze the issue of same-sex marriage allows us to identify the costs and benefits of different proposals with regard to marriage, and allows us to distinguish issues that are often conflated. Contrary to its opponents, we argue that making marriage available to same-sex couples does not violate the meaning of `marriage' or destroy marriage, because such a change is similar to many other changes in which words and labels are extended to include new `goods'. This alters the meaning, but does not destroy it, and it does not preclude the possibility of further linguistic innovation to maintain a distinction. Contrary to proponents of same-sex marriage, however, we argue that extending marriage to same-sex couples is not cost-free. There are costs and benefits of any policy on this issue — costs and benefits related to information and status, as well as material resources. Hence, while we agree with advocates of same-sex marriage, we argue that their position involves trade-offs and costs that they sometimes fail to recognize. Key Words: gay marriage • marriage • language regulation. (shrink)
Kant has famously argued that monogamous marriage is the only relationship where sexual use can take place “without degrading humanity and breaking the moral laws.” Kantian marriage, however, has been the target of fierce criticisms by contemporary thinkers: it has been regarded as flawed and paradoxical, as being deeply at odds with feminism, and, at best, as plainly uninteresting. In this paper, I argue that Kantian marriage can indeed survive these criticisms. Finally, the paper advances the discussion (...) beyond marriage. Drawing on Kant's conception of friendship, I suggest that he might have overlooked the possibility of sex being morally permissible in yet another context. (shrink)
This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal (...) state should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)
The decision to get married, as well as choosing whom to marry, is of the utmost importance to most people. This decision consists of many amoral considerations, but an ethical relationship arises when a promise is made, especially a vow that binds for a lifetime and affects oneself, one’s spouse, one’s children, and society. This essay provides an account of ideal romantic marriage, arguing that John Stuart Mill’s On Liberty provides an excellent foundation for constructing such an account. Neither (...) dead dogma nor living truth is a healthy model for marriage, so a hybrid model of marriage, living dogma, is developed. The importance of the marital vow becomes apparent as the living dogma account is revealed, and this examination yields a model for how to decide when and whom to marry. (shrink)
Can and should political liberals recognize and otherwise support legal marriage as a matter of basic justice? In this article, we offer a general account of how political liberals should evaluate the issue of whether the legal recognition of marriage is a matter of basic justice. And, we develop and examine some public reason arguments that, given the fundamental interests of citizens, could justify various forms of legal marriage in some contexts. In particular, in certain conditions, the (...) recognition of some form of legal marriage may be the best way to protect the fundamental interests of women as citizens in freely chosen associations. Or, it may be that, in certain conditions, to secure the social conditions necessary for gays, lesbians and bisexuals to be free and equal citizens, some form of legal marriage can or should be recognized. (shrink)
Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features - promise, commitment, care, and contract - with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of (...) the moral value of marriage to argue that marriage has no inherent moral significance. Further, the special value accorded marriage sustains amatonormative discrimination - discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, polyamorous groups, or urban tribes. The discussion raises issues of independent interest for the moral philosopher such as the possibilities and bounds of interpersonal moral obligations and the nature of commitment. The central argument of Part Two, "Democratizing Marriage," is that liberal reasons for recognizing same-sex marriage also require recognition of groups, polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under the constraints of public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic love dyads. Restrictions on marriage should thus be minimized. But public reason can provide a strong rationale for minimal marriage: care, and social supports for care, are a matter of fundamental justice. Part Two also responds to challenges posed by property division on divorce, polygyny, and supporting parenting, and builds on critiques of marriage drawn from feminism, queer theory, and race theory. It argues, using the example of minimal marriage, for the compatibility of liberalism and feminism. (shrink)
In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types (...) of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)
The Bachelor's Argument against marriage, as I described it in this journal,1 says that marriage involves taking an imprudent risk of finding oneself committed to a relationship with someone one does not love. The evidence indicates that many people who marry eventually find themselves without the feelings for the other person which made a marital relationship seem worthwhile in the first place; and were that to happen to us, it would seem highly undesirable nonetheless to be locked into (...) a relationship with our spouse as a result of the commitment we made when we married. I went on to argue that several obvious responses to this argument fail. In particular, if we enter into marriage without genuinely intending to keep our promise of maintaining a relationship with our spouse, we will be making an insincere promise. Alternatively, if our promise is sincere, but the morality of promise-keeping is such that when our feelings for the other person fade away the moral force of our commitment is canceled, then the commitment itself seems otiose. However, I did not consider all of the possible responses to the argument, and Iddo Landau has recently made an interesting suggestion about how to interpret the marriage commitment in a way that does not render it immoral or pointless.2 His proposal is that what we are committing ourselves to when we marry is ‘to invest work in performing certain acts that are likely to sustain the. (shrink)
This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor (...) virtue-ethical accounts account for these intuitions, suggesting that a distinctive deontological account is needed. The account I give is drawn from Kant’s Metaphysics of Morals; I distinguish it from Kantian views of institutions developed by Barbara Herman and Onora O’Neill. Throughout, I use marriage as an example. (shrink)
With the exception of the occasional Damn-you-to-Hell types such as Mr Owen Burke of Timaru (ODT, 7/7/04), most opponents of the Civil Unions Bill like to pretend that they are not doing it out of hostility to homosexuals (who they sometimes, rather patronizingly, claim to love as people) but out of zeal for the institution of marriage. If civil unions are allowed, marriage will be damaged, and that is why they are against the Bill. The problem with this (...) rationale is that it is obviously false. Civil unions won’t damage marriage. And this so very obvious that it calls into question either the good sense or the good faith of those (like the Catholic Bishops and the members of the United Party) who proclaim that it is a zeal for holy matrimony rather than a dislike of a deviant minority that dictates their political conduct. (shrink)
Although this appeared after the debate between Victor and Zelm, logically it is prior, for Robinson's critique of conventional marriage sets the stage for the other two to consider the anarchist alternatives. Actually, Robinson does offer a vague alternative, on which most anarchists could agree, sexual relationships based on consent rather than compulsion. However, he also argues that this ideal was not designed to break up marriages nor to increase promiscuity, for relationships already based on consent and friendship could (...) only be strengthened by removing the aspect of compulsion. In this sense, Robinson's critique of existing marriage strongly parallels the critique of economic monopoly, and his ideal seems to be "free competition" for love and companionship. (shrink)
Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest in it. I acknowledge the legitimate, even (...) profound, values or goods that marriage promotes, but contend that they are compatible withhomosexuality. Further, I argue that marriage is neither necessary nor sufficient for sustaining the goods that inhere in modern marriage. Thus, it is not clear that marriage is the best way for the state to promote these goods. Finally, I suggest that the core goods of marital commitment are moral and are not the proper subject of state regulation. (shrink)
This essay analyzes the coherency and reasonableness of legal restrictions against same-sex marriage. The population of focus is transgender individuals and their partners. Focusing on trans-marriage makes clear that the restriction of marriage to one man and one woman is misguided in that the law rests on the assumption that the categories of sex and gender comprise two disjoint, exhaustive, and unambiguous groupings. The primary argument here is not that the restrictions of same-sex marriage are harmful (...) to certain transpersons who participate in legal marriage, although they certainly are, but rather that this legal restriction fails to meet the minimum requirements of any reasonable law. This analysis compares the current marriage restriction and its reliance on the above mentioned false belief with judgments of the Race Classification Appeal Board of Apartheid era South Africa. I employ two actual cases and the legal philosophy of Lon L. Fuller in my argument. (shrink)
Alain Locke, an often neglected classical American Pragmatist, developed a pluralistic value theory as an antidote to the "value absolutism" he considered the root cause of social conflict. Values, for Locke, are not immutable features of a transcendent reality, but rather emerge from human functional attitudes, or what he calls "feeling-modes." However incommensurable the contextualized values of diverse cultures may appear, they can always be traced back to common modes of valuing. Recognizing the common character of our human faculty of (...) valuation allows us to see a basic functional equivalence among superficially conflicting values, thus undermining value absolutism. This paper suggests that one reason the debate over same-sex marriage in the United States has persisted is that the arguments have been advanced primarily in absolute value terms. Re-casting the debate in terms of a Lockean pluralistic value dialogue suggests a path out of the stalemate. (shrink)
By revisiting Hegel’s Philosophy of Right, I mount a Hegelian defense of same-sex marriage rights. I first argue that Hegel’s account of theIdea of freedom articulates both the necessity of popular shifts in the determinations of the institutions of right, as well as the duty to struggle to progressively actualize freedom through them. I then contend that Hegel, by grounding marriage in free consent, clears the path for expanding this ethical institution to include all monogamous couples. Lastly, I (...) close by sketching the specifically Hegelian reasons we ought to actively struggle to expand the institution of marriage. (shrink)
Is "living together" in a marriage-like relationship compatible with the feminist ideal of individual self-development? Paradoxically, while the structure and social-historical context of marriage-like relationships seems in fundamental conflict with the goal of autonomous self-development, the development of individuality also seems to be better fostered by living with a significant other in a committed relationship than by living alone. This paradox is resolved through the suggestion of a three-stage account of self-development: inauthenticity, autonomous being oneself, and autonomous being (...) with others. At the third stage, living together in a marriage-like relationship is one social format in which autonomous relating to others is possible. Unless the partners have attained the second stage, however, such a relationship will be destructive rather than conducive to individuality. (shrink)
Based on experience in marriage counseling and contributions made by philosophy of phenomenology and psychology, we have carried out an in-depth analysis of the forgiveness process in the marriage relationship. Philosophy of phenomenology allows to define the conceptual framework of the marriage relationship and its essential features, which gives the therapist a reference to guide the therapeutical process. The description of the process is enriched with contributions of Psychology and particularly Systemic Family Theories. We have identified a (...) number of steps in the forgiveness process, which can be summarized as the passing from the initial pain, through the recovery of dignity and hope, up to the final consciousness of having reached forgiveness, where the intrapersonal process in the offended spouse is imbricated with the interpersonal relationship with the partner in marriage. This interdisciplinary perspective, bringing together clinical practice, philosophy of phenomenology, and psychology, has proven particularly fruitful: it has allowed us to identify when forgiveness becomes a case of regeneration and strengthening of the bonds of marriage, or on the contrary, the cases in which the problems, together with situations of imbalance or relational pathology progress to a chronic state. Apart from this, we have reflected upon the practical application of this theoretical approach in a therapeutic context with couples that need to pass through the forgiveness process, paying special attention to the risks they may encounter. Finally, we suggest possibilities for further investigations along these interdisciplinary lines of study. (shrink)
Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans to form enduring and exclusive monogamous (...) marriages and to preserve these units as the central site for intimacy, procreation, and nurture of children. In this paper, I first summarize this natural law theory of marriage and then compare it to the formulations of other modern Christian thinkers. I also defend this theory against various modern critics of natural law—in part by reinterpreting some traditional natural law teachings that in my view have been misunderstood, in part by looking at the interesting convergences between the insights into sex, marriage, and family life offered by contemporary Christian theological ethicists and by evolutionary biologists and biological anthropologists. (shrink)
The issue of same-sex marriage continues to be controversial in the United States. Opponents of same-sex marriage offer a variety of objections in defense of their position. One such objection (which I identify as the Inability to Love objection, or ILO) is that legalizing same-sex marriage would promote a counterfeit good (homosexual marriage) as a genuine good (heterosexual marriage), since homosexuals are incapable of genuine, full erotic love. Proponents of ILO argue that homosexuals are incapable (...) of genuine erotic love because all homosexual relationships lack genuine sexual and affective complementarity. Relying on the arguments of Gareth Moore, I argue against ILO, claiming that it rests on an erroneous conception of desire. Once this conception of desire is corrected, the mythof “homosexual desire” is debunked and along with it the main argument in support of the claim that homosexuals are incapable of love. (shrink)
In essays written throughout his career, Stanley Hauerwas has unfolded a Christian vision of the marriage bond and the presence of children that seeks insistently to place these seemingly natural bonds within the new family of God that is the church. I examine his understanding, aiming to appreciate the Christian vision displayed while also suggesting that his emphasis on the new thing God does in the church is sometimes allowed to absorb and thereby lose the distinctive significance of the (...) created bonds of marriage and family. (shrink)
Regarding marriage, John Wyclif defends the following position: strictly speaking, no words or any kind of sensory signs would be needed, since the consensus of the spouses together with God's approbation would suffice for the accomplishment of marriage. But if words do have to be pronounced, then the appropriate formula should not be in the present, but in the future. In the following, I shall discuss Wyclif's arguments by comparing them with some other medieval positions, as well as (...) with some elements of contemporary theories of speech acts. It will appear that in his analysis of the only sacrament which is a “social act“ in the literal sense of the expression, Wyclif (i) clearly acknowledges the central role of individual intentions behind (linguistic) conventions, and (ii) carefully distinguishes between the different, chronologically disparate acts involved in marriage and their respective (semantic, psychological and factual) felicity conditions. (shrink)
Based on experience in marriage counseling and contributions made by philosophy of phenomenology and psychology, we have carried out an in-depth analysis of the forgiveness process in the marriage relationship. Philosophy of phenomenology allows to define the conceptual framework of the marriage relationship and its essential features, which gives the therapist a reference to guide the therapeutical process. The description of the process is enriched with contributions of Psychology and particularly Systemic Family Theories. We have identified a (...) number of steps in the forgiveness process, which can be summarized as the passing from the initial pain, through the recovery of dignity and hope, up to the final consciousness of having reached forgiveness, where the intrapersonal process in the offended spouse is imbricated with the interpersonal relationship with the partner in marriage. This interdisciplinary perspective, bringing together clinical practice, philosophy of phenomenology, and psychology, has proven particularly fruitful: it has allowed us to identify when forgiveness becomes a case of regeneration and strengthening of the bonds of marriage, or on the contrary, the cases in which the problems, together with situations of imbalance or relational pathology progress to a chronic state. Apart from this, we have reflected upon the practical application of this theoretical approach in a therapeutic context with couples that need to pass through the forgiveness process, paying special attention to the risks they may encounter. Finally, we suggest possibilities for further investigations along these interdisciplinary lines of study. (shrink)
Although deeply penetrating in its vision of married love and containing the matrix of a theology of marriage, "Humanae Vitae" has not magisterially advanced thinking on the latter.
In this article, I examine the case for privatising marriage and replacing civil marriage with inclusive civil union policies. I argue against this proposal because of its likely detrimental impact on the social standing of women and girls. In order to assess the importance of civil marriage historically and cross-culturally, I examine a contemporary debate over marriage reform in some predominantly Islamic societies in regard to temporary marriage. I also propose a policy to protect the (...) interests of children of both married and unmarried parents, so that this issue will be less of a stumbling block to proposals for inclusive civil marriage. (shrink)
Are hierarchies necessary in human relationships? This issue is a central one for feminist theory, and there is a continuing need to rethink relationships and to envision what they might be like without any sort of dominance of some over others. To aid this process of envisioning alternatives, this paper examines more closely the way one of the most intimate of hierarchies - marriage - has been argued and envisioned historically.
The subject of this paper is the relationship between marriage and equality in Giambattista Vico. In his writings Vico gives the notion of marriage a unique importance, not framed on any oversized notion of nature or natural law but on the political fight for the right to marry (a quest for full citizenship status). The right to marry is linked with complex dynamics of human equality, and to a notion of human nature shaped by belief-dependent institutions.
Buck, Therese This article explores some of the factors that led to Vatican II's teaching that marriage is a covenant [foedus] in Gaudium et spes when, in the 1917 Code of Canon Law marriage is referred to as a contract [contractus]. As a background to the developments in Gaudium et spes, I will first outline the teaching on marriage in the 1917 Code and in Pius XI's 1930 encyclical Casti connubii. This will be followed by the inclusion (...) of marriage as covenant in Gaudium et spes and finally, this article will consider the significance of the concept of marriage covenant in continuity with tradition and developments since Vatican II in the theology of marriage. (shrink)
In the history of ethics, it remains remains unclear how Christians of the Middle Ages came to see God-given virtues as dispositions (habitus) created in the human soul. Patristic works could surely support other conceptions of the virtues given by grace. For example, one might argue that all such virtues are forms of charity, so that they must be affections of the soul, or that they consist in what the soul does, not anything the soul has. Scholars usually assume that (...) the explanation lies in the impact of Aristotle's philosophy on medieval theology. This essay argues that the dispositional account of God-given virtues was already entrenched by the end of the twelfth century and probably owes more to the influence of Augustine's treatise On the Good of Marriage. (shrink)
Introduction -- Rational anthropology and the difference between persons and animals -- Human freedom and conscience -- The three moral determinants and doubts of conscience -- The principle of double effect and consequentialism -- Cooperation and scandal -- Virtues--natural and supernatural -- Sin and grace -- Revelation -- Reproductive technologies -- Homosexuality and same-sex marriage -- Contraception -- Abortion -- Marriage and family -- End of life issues -- Appendix A : Summary of Evangelium Vitae -- Appendix B (...) : Summary of Savifici Doloris. (shrink)
Somerville, Margaret Same-sex marriage creates a clash between upholding the human rights of children with respect to their coming-into being and the family structure in which they will be reared, and the claims of homosexual adults who wish to marry a same-sex partner. It forces us, as a society, to choose whether to give priority to children's rights or to homosexual adults' claims. This problem does not arise with opposite-sex marriage, because children's rights and adult's claims with respect (...) to marriage are consistent with each other. (shrink)
The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to (...) resist Liberalism are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)
Somerville, Margaret Review(s) of: Scholars turn their minds to marriage : The jurisprudence of marriage and other intimate relationships, by Scott FitzGibbon, Lynn D. Wardle, and A. Scott Loveless (Eds.), Buffalo, NY: William S. Hein and Co., 2010.
This article addresses the debate over religion in the public sphere by analysing the conception of ‘religion’ in the recent work of Habermas, who claims to mediate the divide between those who defend public appeals to religion without restriction and those who place limits on such appeals. I argue that Habermas’ translation requirement and his restriction on religious reasons in the institutional public sphere rest on a conception of religion as essentially apolitical in its origin. This conception, I argue, remains (...) embedded in a standard secularization framework, despite Habermas’ claim to offer a new account of secularization. This approach betrays the complex reality of the political constitution of religion and the religious constitution of politics, as demonstrated by the current debate about marriage rights in the USA. In mischaracterizing the inherently public and political dimensions of religion, Habermas undermines the effectiveness of his normative framework. (shrink)
: Focusing on the legal cases that have been litigated in the United States, and making references to popular culture, this article considers whether marriages in which one of the partners is transgendered necessarily challenge or necessarily reinforce heterosexual hegemony.
As its title suggests, Robert Audi’s The Good in the Right1 defends an intuitionist moral view like W.D. Ross’s in The Right and the Good. Ross was an intuitionist, first, in metaethics, where he held that there are self-evident moral truths that can be known by intuition. But he was also an intuitionist in the different sense used in normative ethics, since he held that there are irreducibly many such truths. Some concern the intrinsic goods, which are in turn plural, (...) so there are prima facie duties to promote pleasure, knowledge, virtue, and just distributions. But others are deontological, requiring one apart from any consequences to keep promises, not lie, make reparations, express gratitude, and not injure others. Audi embraces both these intuitionist views, but in each case with an important addition. Ross sometimes said that if a proposition does not need proof, it is incapable of proof, or cannot be justified inferentially. Audi argues persuasively that this is not so. A proposition that is selfevident, in the sense that understanding it justifies one in believing it, can also be derivable from other self-evident propositions in a way that increases its justification. And he exploits this possibility in his normative ethics. Whereas Ross held that his prima facie duties are underivative, Audi suggests that, while self-evident, they can also be grounded in a more abstract principle. More specifically, he argues in Chapter 4 of his book that they can be grounded in Kant’s categorical imperative, which he applies primarily in its second, or formula of humanity, version. The result is to transform what Audi calls Rossian intuitionism into Kantian 1 intuitionism, where specific duties about promoting pleasure and keeping promises derive from a more fundamental requirement to respect rational personhood. I will not challenge Audi’s version of metaethical intuitionism, which I think is the most subtle and persuasive yet given. Nor will I question his normative starting-point in Ross’s theory of prima facie duties, which I find unimpeachable.. (shrink)
Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...) virtually the entire market for certain fields of forensic science and for certain psychiatric specialties. Because of its adversarial character, the law tends to draw in scientists who are more willing than most to give an opinion on less-than-overwhelming evidence; and the more often such a witness testifies, the more unbudgeably confident he may become in his opinion. Legal rules can make it impossible to bring potentially useful scientific information to light, and the legal penchant for “indicia” and the like can transform scientific subtleties into legal shibboleths. And because of its concern for precedent, and the desideratum of finality, the law sometimes lags behind scientific advances. (shrink)
This book is an introduction to philosophy of sex. The history of philosophy of sex is depicted (from Plato to Herman Schmitz) to set up the background against which the philosophy of sex by Herman Schmitz is analyzed. This leads to the discussion of topics like masturbation, the ontology of the sexed human body, and same-sex marriage.
This paper aims to examine the role(s) that the various vehicles of marketing communications can play with respect to communicating, publicising and highlighting organisational CSR policies to its various stakeholders. It will further endeavour to evaluate the impact of such communications on an organisation's corporate reputation and brand image. The proliferation of unsubstantiated ethical claims and so-called 'green washing' by some companies has resulted in increasing consumer cynicism and mistrust. This has made the task of communicating with, and more importantly (...) convincing, an organisation's stakeholders vis-à-vis its CSR credentials even more difficult. This paper argues that marketing communications tools can play a major role in conveying a company's CSR messages and communicating a more socially responsible image. (shrink)
Much of the literature devoted to the topics of agent autonomy and agent responsibility suggests strong conceptual overlaps between the two, although few explore these overlaps explicitly. Beliefs of this sort are commonplace, but they mistakenly conflate the global state of being autonomous with the local condition of acting autonomously or exhibiting autonomy in respect to some act or decision. Because the latter, local phenomenon of autonomy seems closely tied to the condition of being responsible for an act, we tend (...) to think of the former, global phenomenon as a condition of responsibility as well. But one can act autonomously, or manifest autonomy with respect to some occurrent state, without satisfying the conditions for autonomous agency. Autonomous agency and responsible agency are logically distinct in part due to the varient conceptions of rationality each calls for. Both agent responsibility and holding a person responsible imply a fairly ``thick'''' form of rationality, where rationality embodies a normative component and is a matter of satisfying criteria that are objective in the sense that they are independent of what a person happens to want or to value. But autonomous agency calls for a quite different, ``thin'''' conception of instrumental rationality. (shrink)
This essay argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. My purpose is not to survey exhaustively the empirical literature on contemporary forms of polygamy, but to tease out the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified. The most common objection to polygamy is on grounds of gender (...) equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (whatever name it goes by in contemporary, complex, multicultural societies) to tolerate a certain amount of inegalitarianism in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable. (shrink)
All duties are either duties of right (officia iuris), that is, duties for which external lawgiving is possible, or duties of virtue (officia virtutis s. ethica), for which external lawgiving is not possible. – Duties of virtue cannot be subject to external lawgiving simply because they have to do with an end which (or the having of which) is also a duty. No external lawgiving can bring about someone's setting an end for himself (because this is an internal act of (...) the mind), although it may prescribe external actions that lead to an end without the subject making it his end. (shrink)
We discuss the development of cognitive neuroscience in terms of the tension between the greater sophistication in cognitive concepts and methods of the cognitive sciences and the increasing power of more standard biological approaches to understanding brain structure and function. There have been major technological developments in brain imaging and advances in simulation, but there have also been shifts in emphasis, with topics such as thinking, consciousness, and social cognition becoming fashionable within the brain sciences. The discipline has great promise (...) in terms of applications to mental health and education, provided it does not abandon the cognitive perspective and succumb to reductionism. (shrink)
[Opening sentences:]What business does the government have in sticking its nose into people’s private affairs? What affairs could be more legitimately private than relationships involving sex and love? LOCKEAN LIBERTARIANISM These questions resonate with many individuals across a wide range of ideologies and beliefs. For many of us these questions will strike us as rhetorical questions to which the obvious answers are “none” and “none.” These responses reflect a Lockean libertarian strain in the social thinking of many intelligent and thoughtful (...) people. But of course matters are more complex, even as viewed from a Lockean libertarian perspective.1 Sex and love tend to bring about new children, and causing a child to exist is a social act with wide consequences for other people who could not be supposed to consent to bear these consequences. Libertarians will regard with equanimity the showering of externalities in the form of benefits that typically accompany the creation and upbringing of a responsible competent person who becomes a useful member of society. The libertarian will insist that the receipt of such benefits does not generate any reciprocal obligations to benefit those who benefit us in these unconsented to ways.—at least, not obligations that are legitimately enforceable and that justify forcible imposition on people’s liberty to lead their lives as they choose. But bringing children into the world can and often does impose net costs on people who do not consent to bear these costs. The introduction of one extra person may strain scarce resources... (shrink)
It has recently been objected that structural realism, in its various guises, is unable to adequately account for causal phenomena (see, for example, Psillos 2006). In this talk, I consider whether structural realism has the resources to address this objection.
This paper has three main concerns. First, it proposes a deflationary theory of the concept of truth, arguing thatthe concept can be explicitly defined in terms of substitutionalquantification. Second, it attempts to describe and explainthe intuitions that have traditionally been thought tofavor correspondence theories of truth over deflationarytheories. And third, it argues that these intuitions areultimately compatible with deflationism, maintaining,among other things, that the relation of semantic correspondence can itself be characterized in terms ofsubstitutional quantification.
