Principles of legislation.--Principles of the civil code.--Principles of the penal code.

Les sociétés démocratiques sont confrontées à l'émergence d'enjeux environnementaux décisifs qui concernent tant les modes de production, d'échange et de consommation que l'habitat, les transports, l'agriculture, l'industrie et même nos modes de vie. La prise en charge de ces enjeux ne saurait s'opérer simplement par des mesures ponctuelles ou locales. Elle doit aujourd'hui être repensée la temporalité de l'action politique, confrontée à une urgence qui ne cessera de s'accroître dans les prochaines années.

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 208 Seiten: 79-101.

Achieving social equality has been an important aim of modern democratic societies. Yet the process has engendered debate about the nature of equality and the consequences of its application. Why is equality valuable? What kind of equality should be aimed for? When is inequality justified? Should a principle of equality apply globally? The book assesses and links the different dimensions of equality and asks whether recent writing on the topic has the philosophical substance and political force traditionally associated with egalitarian (...) thought. (shrink)

Why does Foucault's work continue to be of central importance in current debates in sociology, political science and philosophy? Why do we still read him as a guide to contemporary social and cultural life? Foucault's work presents a provocative challenge to orthodox, habitual forms of belief and practice. The Later Foucault, with an impressive interdisciplinary focus, argues that one of the keys to understanding Foucault is his political thought. It is this which he expressed clearly in his last writings and (...) which pulled together his earlier interests in power, agency and subjectivity. In this volume a distinguished array of Foucauldian scholars and commentators on politics explore the significance of these l. (shrink)

This latest addition to the Oxford Readings in Philosophy series covers a topic which is one of the focal points of much of the current work in moral and politicaltheory.

How should the world's remaining carbon budget be divided among countries? We assess the role of a fault‐based principle in answering this question. Discussion of the role of historical emissions in dividing the global carbon budget has tended to focus on emissions before 1990. We think that this is in part because 1990 seems so recent, and thus post‐1990 emissions seem to constitute a lesser portion of historical emissions. This point of view was undoubtedly warranted in the early 1990s, when (...) discussion of fault‐based principles in this context began. While this view still has some intuitive force, we find that it and the associated focus on pre‐1990 emissions are now out of date. Emissions since 1990 in fact constitute a large and rapidly increasing proportion of emissions since 1750 – approximately half of the carbon emissions due to fossil fuel use and cement production, at the time of writing. We show that a restricted fault‐based principle, according to which emissions should be divided among countries on the basis of their emissions since 1990, is both viable and powerful. We consider standard objections to a fault‐based principle in this context, how such a principle might more concretely be applied, and its likely implications. (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Business versus Ethics?. The authors of these commentaries seek to transcend the age-old separation fallacy :409–421, 1994) that juxtaposes business and ethics/society, posing a forced choice or trade off. Providing a contemporary take on (...) the classical question “if it’s legal is it ethical?”, David Hess explores the role of the law in promoting or hindering stakeholder-oriented purpose and governance structure. Jeffrey Harrison encourages scholars to move beyond the presupposition that businesses are either strategic or ethical and explore important questions at the intersection of strategy and ethics. The proposition that business models might be inherently ethical or inherently unethical in their design is developed by Sheila Killian, who examines business systems, their morality, and who they serve. However, the conundrum that entrepreneurs are either lauded for their self-belief and risk-taking, or loathed for their self-belief and risk-taking, is discussed by M. Tina Dacin and Julia Roloff using the metaphor of taboos and totems. These commentaries seek to explore positions that advocate multiplicity and tensions in which business ethics is not either/or but both. (shrink)

Issues pertaining to sex and gender continue to be some of the most hotly debated topics of our time. While many of the most heated disputes occur at the level of politics and public policy, metaphysics, too, has a crucial role to play in these debates. In this essay, I explore several key metaphysical debates concerning sex and gender through the lenses of two important areas in contemporary metaphysics: the metaphysics of essence and the ontology of the human person. The (...) goal here is not to advocate any particular position on these issues, but to show how the tools of contemporary metaphysics can help to offer a more comprehensive map of the conceptual terrain, indicating where major areas of agreement can be found and where the most important disagreements really lie. (shrink)

By what right do sovereign states prohibit migrants from entering their territories? It cannot be assumed that they do, certainly not as a matter of the way we define “sovereignty.” Can the sovereign right to exclude immigrants be derived from the sovereign’s status as owner of the territory it controls? This Article shows that the idea of the sovereign as owner is too problematic to be the basis of any argument for the right to exclude. It also argues against the (...) proposition that communities, considered as informal sovereigns, have a right to exclude based on their communal property in the land they inhabit. In both cases, an “ownership conception” is distinguished from a more attractive “responsibility conception” of sovereignty. The former remains unclear, while the latter leaves open the question of who the sovereign is responsible for. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this paper, (...) the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

Michel Foucault and Theology brings together a selection of essays by leading Foucault scholars on a variety of themes within the history, thought and practice of theology. Revealing the diverse ways that the work of Michel Foucault (1926-1984) has been.

Abstract:Recently, the idea that every hypothetical imperative must somehow be ‘backed up’ by a prior categorical imperative has gained a certain influence among Kant interpreters and ethicists influenced by Kant. Since instrumentalism is the position that holds that hypothetical imperatives can by themselves and without the aid of categorical imperatives explain all valid forms of practical reasoning, the influential idea amounts to a rejection of instrumentalism as internally incoherent. This paper argues against this prevailing view both as an interpretation of (...) Kant and as philosophical understanding of practical reason. In particular, it will be argued that many of the arguments that claim to show that hypothetical imperatives must be backed up by categorical imperatives mistakenly assume that the form of practical reasoning must itself occur as a premise within the reasoning. An alternative to this assumption will be offered. I will conclude that while instrumentalism may well be false, there is no reason to believe it is incoherent. (shrink)

Is the mechanism behind presupposition projection and filtering fundamentally asymmetric or symmetric? This is a foundational question for the theory of presupposition which has been at the centre of attention in recent literature :287–316, 2008b. https://doi.org/10.1515/THLI.2008.021, Semant Pragmat 2:1–78, 2009. https://doi.org/10.3765/sp.2.3; Rothschild in Semant Pragmat 4:1–43, 2011/2015. https://doi.org/10.3765/sp.4.3 a.o.). It also bears on broader issues concerning the source of asymmetries observed in natural language: are these simply rooted in superficial asymmetries of language use ; or are they, at least in (...) part, directly encoded in linguistic knowledge and representations? In this paper we aim to make progress on these questions by exploring presupposition projection across conjunction, which has traditionally been taken as a central piece of evidence that presupposition filtering is asymmetric in general. As a number of authors have recently pointed out, however, the evidence which has typically been used to support this conclusion is muddied by independent issues concerning redundancy; additional concerns have to do with the possibility of local accommodation. We report on a series of experiments, building on previous work by Chemla and Schlenker :177–226, 2012. https://doi.org/10.1007/s11050-012-9080-7) and Schwarz Experimental perspectives on presuppositions, Springer, Cham, 2015), using inference and acceptability tasks, which aim to control for both of these potential confounds. In our results, we find strong evidence for left-to-right filtering across conjunctions, but no evidence for right-to-left filtering—even when right-to-left filtering would, if available, rescue an otherwise unacceptable sentence. These results suggest that presupposition filtering across conjunction is asymmetric, contra suggestions in the recent literature :157–212, 2008a. https://doi.org/10.1515/THLI.2008.013, 2009 a.o.), and pave the way for the investigation of further questions about the nature of this asymmetry and presupposition projection more generally. Our results also have broader implications for the study of presupposition: we find important differences in the verdicts of acceptability versus inference tasks in testing for projected content, which has both methodological ramifications for the question of how to distinguish presupposed content, and theoretical repercussions for understanding the nature of projection and presuppositions more generally. (shrink)

In a famous passage (A68/B93), Kant writes that “the understanding can make no other use of […] concepts than that of judging by means of them.” Kant's thought is often called the thesis of the priority of judgments over concepts. We find a similar sounding priority thesis in Frege: “it is one of the most important differences between my mode of interpretation and the Boolean mode […] that I do not proceed from concepts, but from judgments.” Many interpreters have thought (...) that Frege's priority principle is close to (or at least derivable from) Kant's. I argue that it is not. Nevertheless, there was a gradual historical development that began with Kant's priority thesis and culminated in Frege's new logic. (shrink)

Critical notice of Paul Faulkner, "Knowledge on Trust" (OUP 2011) and Benjamin McMyler, "Testimony, Trust, and Authority" (OUP 2011).

Empirical research in bioethics can be defined as the application of research methods in the social sciences to the direct examination of issues in [bioethics]. As such, empirical work is a form of descriptive ethics, focused on describing a particular state of affairs that has some moral or ethical relevance. For example, empirical research can help to describe cultural beliefs about the appropriateness of providing health-related information, such as the diagnosis of a life-threatening illness, which informs deliberations about the extent (...) to which it is morally important for clinicians to provide comprehensive information to patients in different cultural contexts. Similarly, empirical research can delineate popular attitudes and experiences related to contentious issues such as abortion, cloning, stem-cell research, and physician-assisted suicide to enlighten discussions and policy formulations regarding them. (shrink)

An alethic holding is any speech act that functions to hold another person to acting for reasons that they already had prior to the performance of a speech act with this function. Although it is tempting to think of such acts as either informing another person of extant reasons for acting or as creating new reasons for that person to so act, a central goal of this paper is to suggest that this temptation should be resisted. First, alethic speech acts (...) are situated within the broader terrain of performances that strive to hold others responsible. Second, the precise sense of ‘holding’ to reason that characterizes an alethic speech act is explicated, in a manner that distinguishes such acts from either those designed to inform one of extant norms or to add new norms. Third, an account that attempts to explain how a speech act can achieve this holding function is offered, one based on the idea of a self-conscious interpersonal, transaction. Finally, it is suggested that the terrain of holding other’s responsible sketched at the outset looks different once this account of alethic holdings is in view. (shrink)

Do property entitlements define the moral environment in which rights to well-being are defined, or do rights to well-being define the moral environment in which property entitlements are defined? Robert Nozick argued for the former alternative and he denied that any serious attempt had been made to state the latter alternative (what he called “the ‘reverse’ theory”). I actually think John Locke's approach to property can be seen as an instance of the “reverse” theory. And Nozick's can too, inasmuch as (...) it shares a number of features with the Lockean approach. But my paper is not intended as a criticism of Nozick; on the contrary, it acknowledges the integrity and the importance of his insistence that welfare, property, and justice be integrated into a single theory with clearly established priorities. (shrink)

It is now commonplace for governments in Western countries to require the unemployed to work in exchange for their unemployment benefits. In this article I raise some serious doubts about the most promising and philosophically interesting defence of this argument, which relies on the ‘principle of reciprocity’. I argue that it is seriously unclear whether the obligations imposed on welfare claimants by ‘workfare’ schemes are legitimate and justified according to the principle of reciprocity. I do this by reconstructing the arguments (...) for the obligations of the unemployed put forward in both the United Kingdom and Australia. (shrink)

I argue against the idea (made popular by H.L.A. Hart) that the key to a legal system is its "rule of recognition." I argue that much of the work allegedly done by a rule of recognition is either done by a different kind of secondary rule (what Hart called "a rule of change") or it is not done at all (and doesn't have to be done). A rule of change tells us the procedures that must be followed and the substantive (...) conditions that must be satisfied if law is to be changed legislatively; and a judge "recognizes" changes simply by using this checklist. In common law, there is no clear rule of change (because we are profoundly ambivalent about judicial lawmaking). But we get by without one, and without a determinate rule of recognition that would tell us precisely how to infer rules from precedents. It is quite liberating, really, to abandon the idea of a rule of recognition. Apart from anything else, it relieves us from having to participate in endless debates about whether the US Constitution is (or contains) a rule of recognition for American law. The Constitution contains rules of change; that's what matters. (shrink)

Hanks develops a theory of propositions as speech-act types. Because speech acts play a role in the contents themselves, the view overturns Frege’s force/content distinction, and as such, faces the challenge of explaining how propositions embed under logical operators like negation. The attempt to solve this problem has lead Hanks and his recent commentators to adopt theoretically exotic resources, none of which, we argue, is ultimately successful. The problem is that although there are three different ways of negating the sentence (...) “Mary’s card is an ace”, current speech-act theories of propositions can only accommodate two of them. We distinguish between “It is false that Mary’s card is an ace”, “Mary’s card is a non-ace”, and “Mary’s card is not an ace” and show that Hanks and his commentators cannot explain content negation. We call this Hanks’ Negation Problem. The problem is significant because content negation is the negation required for logic. Fortunately, we think there is a natural way for Hanks to accommodate content negation as successive acts of predication. The view solves Hanks’ Negation Problem with only resources internal to Hanks’ own view. (shrink)

This is a companion to another paper. Together they rebut two widespread philosophical doctrines about emergence. The first, and main, doctrine is that emergence is incompatible with reduction. The second is that emergence is supervenience; or more exactly, supervenience without reduction.In the other paper, I develop these rebuttals in general terms, emphasising the second rebuttal. Here I discuss the situation in physics, emphasising the first rebuttal. I focus on limiting relations between theories and illustrate my claims with four examples, each (...) of them a model or a framework for modelling, from well-established mathematics or physics.I take emergence as behaviour that is novel and robust relative to some comparison class. I take reduction as, essentially, deduction. The main idea of my first rebuttal will be to perform the deduction after taking a limit of some parameter. Thus my first main claim will be that in my four examples (and many others), we can deduce a novel and robust behaviour, by taking the limit N→∞ of a parameter N.But on the other hand, this does not show that the N=∞ limit is “physically real”, as some authors have alleged. For my second main claim is that in these same examples, there is a weaker, yet still vivid, novel and robust behaviour that occurs before we get to the limit, i.e. for finite N. And it is this weaker behaviour which is physically real.My examples are: the method of arbitrary functions (in probability theory); fractals (in geometry); superselection for infinite systems (in quantum theory); and phase transitions for infinite systems (in statistical mechanics). (shrink)

In place of Tomasello's explanation for the source of moral obligation, we suggest that it develops from the concern for others already implicit in the human developmental system. Mutual affection and caring make the development of communication and thinking possible. Humans develop as persons within such relationships and this develops into respect and moral obligation.

Carbon Justice argues that Australia’s continued contribution to climate change through the export of fossil fuels is Australia’s great climate scandal. The book explores how concepts ideas such as complicity, attributing responsibility, greenwashing, transferring risk and much more can help us get to the heart of the question – what is Australia’s real contribution to climate change?

This book investigates the relationship between non-state actors and climate justice from a philosophical perspective. The climate justice literature remains largely focused upon the rights and duties of states. Yet, for decades, states have failed to take adequate steps to address climate change. This has led some to suggest that, if severe climate change and its attendant harms are to be avoided, non-state actors are going to have to step into the breach. This collection represents the first attempt to systematically (...) examine the climate duties of the most significant non-state actors - corporations, sub-national political communities, and individuals. Targeted at academic philosophers working on climate justice, this collection will also be of great interest to students and scholars of global justice, applied ethics, political philosophy and environmental humanities. (shrink)

Equality is the central value for egalitarians. It is the value that distinguishes egalitarianism from other political theories. However, if equality is the central value for egalitarians, then why it is of value should be an obvious starting point for any discussion of egalitarianism. This article seeks to clarify the ways in which equality has been valued in philosophical discussion. I discuss the standard ways of valuing equality and argue that an understanding of equality as valuable because it is part (...) of other values offers an important new insight into how we value equality especially in relation to the traditional understanding of equality as either intrinsically or instrumentally valuable. (shrink)