This book reflects on the variety of ways in which mourning affects political and social life. Through the narrative of the contributors, the book demonstrates how mourning is intertwined with politics and how politics involves a struggle over which losses and whose lives can, or should, be mourned.

Wie verhalten sich Freiheit und Staatlichkeit in Kants Rechtslehre? Und welche Bedeutung kommt hierbei seiner kritischen Moralphilosophie zu? Hirschs Untersuchung zeigt, dass bei Kant Recht und Staat notwendige Realisationsbedingungen individueller Autonomie sind. Erst als autonome und selbstzweckhafte Personen haben wir Freiheitsrechte, welche wir aber nur im Staat legitim behaupten können. Denn nur unter der Idee von Staatlichkeit als Vereinigung des gesetzgebenden Willens aller kann rechtliche Fremdverpflichtung als Selbstverpflichtung begriffen werden. Staatlichkeit dient damit der Verwirklichung individueller Autonomie und Freiheit. Hierin liegt (...) das Reformideal politischer Herrschaft. Doch Rechtsdurchsetzung gegen den Staat ist unmöglich, sodass aktiver Widerstand nie rechtens, aber mitunter entschuldbar ist. Damit gelingt es Hirsch erstmals, Kants Rechts- und politische Philosophie ausgehend vom kategorischen Imperativ als integralen Bestandteil seiner kritischen Moralphilosophie auszuweisen. Gleichzeitig lässt sich so erklären, wie Anerkennung individueller Freiheitsrechte, staatlicher Rechtszwang und unbedingte staatsbürgerliche Gehorsamspflicht als Ausdruck des politischen Liberalismus Kants miteinander vereinbar sind. (shrink)

Traditionally, transitional justice has referred to that field of theoretical scholarship that proffers recuperative strategies for political societies divided by a history of violence. Through the establishment of truth commissions, public confessionals and reparative measures, transitional justice regimes have sought to establish restorative conditions that might help reconcile historical antagonists both to each other and to the trauma of their shared past. Because of some of the theoretical lapses in this scholarship some have turned recently to the field of radical (...) democratic and ‘new pluralist’ thought – and especially to agonistic literature – to foreground a theory of post-conflict reconciliation based not on the principles of the sublimation of difference, but rather the perpetual deferral of accord. This essay works both to underscore that effort, as well as to problematize it. Through unorthodox readings of Giorgio Agamben, Jean Améry and Sheldon Wolin, the essay argues that an emphasis on messianicity as the temporal mode of political repair is ultimately less productive for what I call an agonistics of reconciliation than a more nuanced approach to what Wolin calls ‘fugitive democracy’. Where the former is allied with a problematic politics of mutual respect, the latter affirms a more germane politics of abiding resentment. In the end, a startling conclusion is drawn from reading agonistic reconciliation through Wolin: democracy may be a political experience reserved for scenes of transitional justice alone. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 106 Heft: 2 Seiten: 347-351.

Immanuel Kant’s major book on his legal and political philosophy, the Doctrine of Right, appears in 1797. Therefore, many scholars have argued that Kant’s entire legal philosophy has only been developed in the late 1790s and that it is for the most part independent from his critical writings on moral philosophy dating in the 1780s. This article, however, tries to proof the contrary by analyzing the1784 lecture notes Moral-Mrongovius II given by Christoph Coelestin Mrongovius, who attended Kant’s lecture on moral (...) philosophy at that time. Those lecture notes not only proof that Kant’s concept of right has already been worked out in 1784. Even more: Moral-Mrongovius II indicates that Kant considered his legal philosophy as an integral part of his overall critical moral philosophy. (shrink)

Most contemporary political theories of sovereignty – from Giorgio Agamben to Achille Mbembe – have argued that the emergency powers claimed by the Bush administration under the auspices of the War on Terror epitomized what Carl Schmitt calls a state of exception. If so, I argue, perhaps it is time for new visions of sovereignty to emerge, ones attendant to the eccentricities of the present conjuncture. Occupy Wall Street and the Arab Spring are but two obvious examples of counterpublics that (...) seem to have presented new modalities of sovereign life worth reflecting upon. Hardly states of exception, these are scenes of sovereignty that are more fraught and precarious, more democratic. I argue that the theories of sovereignty of George Bataille and Frantz Fanon may hold clues for coming to terms with these new sovereign scenes. Though often under-emphasized in the scholarly literature on Bataille and Fanon, for both thinkers sovereignty is a condition of existence, an expression of a surreal mode of esthetic experience and poetic beauty. I argue that drawing attention to the comparison of the political thought of Bataille and Fanon, and especially to the value of surrealism for contemporary political theory generally, holds promise for those of us interested in challenging the Schmittian consensus. At stake is a refreshed understanding of sovereignty, not as norm or exception, but as a condition of political life lived by everyday subjects caught in a surreal state in-between. (shrink)

Hannah Arendt’s work on violence is bedeviled by a series of paradoxes. On the one hand, Arendt is clear in arguing that violence is utterly powerless and yet, on the other hand, she is equally clear in her portrayal of beginnings as necessarily violent. These two positions conflict insofar as Arendt holds beginnings to be the source of all power. Thus power and violence are at once opposed and yet alloyed. This tension is deepened by yet another. For Arendt, action, (...) of which power is composed, would not be possible without the twofold human faculties of promising and forgiveness. Promising undoes the hold of the future on the present by pacifying its unpredictability, while forgiveness loosens the grip of the past by alleviating its irreversibility. The trouble, however, is that Arendt argues that the power of forgiveness stems from its unpredictability, and unpredictability is precisely that which promising is meant to thwart. Taking these two paradoxes together one might say that Arendt, however unwittingly, leaves us promising never to forgive. This article works to flesh these paradoxes out. It also contextualizes Arendt’s paradoxes in terms of the literature that claims democratic political life is beset by tragedy. In the end, I argue that, following Arendt, democracy is ultimately about learning to live with the vivid disquiet of the miracle of paradox. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 103 Heft: 4 Seiten: 494-498.

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 2 Seiten: 391-392.

Name der Zeitschrift: Kant-Studien Jahrgang: 109 Heft: 3 Seiten: 486-492.

In this clearly written and astute book the author provides an excellent introduction to Kant’s doctrine of right and politics. One of the main preoccupations is to show that the doctrine of right...

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four‐dimensionalist (...) assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

A supplemental document for "Metalinguistic Gradability".

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial (...) penalties should be graded and used; and how political pressures impinge on sentencing policies. (shrink)

Milton Friedman's famous methodological essay contains, along with much else, some strands that look as though they were taken from the “empirical-scientific” fabric described by Karl Popper. Think, for example, of Friedman's conviction that the way to test a hypothesis is to compare its implications with experience. Or of his more or less explicit espousal of the view that while no amount of facts can ever prove a hypothesis true, a single “fact” may refute it. Or of his assertion that (...) hypotheses are to be accepted only as provisionally true, and then only after repeated efforts to refute them have failed. The appearance of these Popperian ideas is not surprising. (shrink)

When is a belief or judgment justified? One might be forgiven for thinking the search for single answer to this question to be hopeless. The concept of justification is required to fulfil several tasks: to evaluate beliefs epistemically, to fill in the gap between truth and knowledge, to describe the virtuous organization of one’s beliefs, to describe the relationship between evidence and theory (and thus relate to confirmation and probabilification). While some of these may be held to overlap, the prospects (...) for fulfilling all may well seem poor. Furthermore the internalist requires that justification be an introspectible property of beliefs and a fundamental epistemic concept, while the externalist is often happy to ignore the concept altogether or at best regard it as an embarrassing add-on to their epistemology. In the light of this one might reasonably give up on justification altogether or adopt pluralist approach, denying that justification is any single property of beliefs of judgments. (shrink)

The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They (...) examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

What is the role of psychoanalysis in today's world? _Yesterday, Today and Tomorrow _presents a selection of papers written by Hanna Segal. The collection introduces the reader to a wide spectrum of insights into psychoanalysis, ranging from current thoughts on the nature of dreaming to new ideas about vision and disillusionment. Her long interest in factors affecting war is pursued in her examination of the psychotic factors, symbolic significance and psychological impact of the events of September the 11th, and the (...) ensuing war on Iraq. The second half of the book discusses Segal's presentations to conferences and symposia from 1969-2000, this material is split into six sections: Models of the mind and mental processes Psychoanalytic technique Segal on Klein Segal on Bion Envy and narcissism Interviews. _Yesterday, Today and Tomorrow_ is a masterly contribution to the field. Segal's clarity of thought and striking clinical illustrations make the book accessible to those new to the field as well as those acquainted with her seminal work. (shrink)

Two sources of possible disagreement in bioethics may be associated with pessimism about what bioethics can achieve. First, pluralism implies that bioethics engages with interlocutors who hold divergent moral beliefs. Pessimists might believe that these disagreements significantly limit the extent to which bioethics can provide normatively robust guidance in relevant areas. Second, the interdisciplinary nature of bioethics suggests that interlocutors may hold divergent views on the nature of bioethics itself—particularly its practicality. Pessimists may suppose that interdisciplinary disagreements could frustrate the (...) goals of bioethics. In this article, I explore how wonder may alleviate the concerns of the first group of pessimists regarding problems associated with pluralism, provided that we are willing to accept some interdisciplinary frustrations. Then, I invite readers of this issue of The Journal of Medicine & Philosophy to test these intuitions by considering the role of wonder in these articles. (shrink)

I develop an expressivist account of verbal disagreements as practical disagreements over how to use words rather than factual disagreements over what words actually mean. This account enjoys several advantages over others in the literature: it can be implemented in a neo-Stalnakerian possible worlds framework; it accounts for cases where speakers are undecided on how exactly to interpret an expression; it avoids appeals to fraught notions like subject matter, charitable interpretation, and joint-carving; and it naturally extends to an analysis of (...) metalinguistic negotiations. (shrink)

A common objection to the very idea of conceptual engineering is the topic continuity problem: whenever one tries to “reengineer” a concept, one only shifts attention away from one concept to another. Put differently, there is no such thing as conceptual revision: there’s only conceptual replacement. Here, I show that topic continuity is compatible with conceptual replacement. Whether the topic is preserved in an act of conceptual replacement simply depends on what is being replaced (a conceptual tool or a conceptual (...) role) and what the topic under discussion is. Thus, the topic continuity problem only arises from a failure to specify these two things. (shrink)

This paper commences by making a case for a naturalized approach to knowledge‐first epistemology. On this basis it then goes on to describe and defend a naturalized, functionalist account of group knowledge. It then contrasts this with Jennifer Lackey's (2021) account of the epistemological status of groups.