Facing a decline of meta-narratives and the political subjects associated with them, substraction (‘Entzug’) has been proposed as a political strategy that seems more apt to present times. Drawing on Hegel’s ‘Philosophy of Right’ and Benjamin’s ‘Critique of Violence’, this paper argues that substraction too requires a meta-narrative and a political subject if it shall be a viable political strategy.

When it comes to works of art, intellectual property rights (IPR) are often argued to be natural rights, for each work of art, so we are told, is the expression of the particular ingenuity of an individual artist. The account of creativity to which such arguments allude, however, is that of Romanticism, so that one may question whether these arguments hold valid for contemporary artistic practices. Thus, this chapter will construct a Hegelian justification for IPR that goes along with the (...) Romantic concept of creative work and then assess this justification drawing on the analysis of the modern culture industry by Adorno and Horkheimer. (shrink)

Software patents are commonly criticised for being fuzzy, context-sensitive, and often granted for trivial inventions. More often than not, these shortcomings are said to be caused by the abstract nature of software - with little further analysis offered. Drawing on Plato’s Parmenides, this paper will argue (1) that the reason why software patents seem to be elusive is that patent law suggests to think about algorithms as paradigmatic examples and (2) that Plato’s distinction between two modes of predication and the (...) role of competence in his account of knowledge are helpful not only for conceptualising knowledge of algorithms, but also for understanding the limits of software patent regimes. (shrink)

Mit der zunehmenden Bedeutung immaterieller Güter nimmt auch die Intensität der Konflikte um »Geistiges Eigentum« zu. Dabei fungiert der Mythos vom Original nach wie vor als Grundlage für Rechtsansprüche auf exklusive Verfügungsrechte. Wer ein Urheberrecht in Anspruch nehmen, eine Erfindung anmelden will, muss behaupten, die betreffenden Formen oder Verfahren seien das Ergebnis seiner originären kreativen Leistung. Aber was ist Originalität? Unter welchen Umständen wird sie wem zugerechnet? Dieser Band bietet Bestandsaufnahmen und Analysen der rechtlichen, politischen, ökonomischen und kulturellen Problemlage und (...) Ansätze zur Entwicklung eines neuen Verständnisses von Autorschaft. Die Themen des Bandes reichen von der Kunst über Netzkultur bis zu Biopatenten. -/- Mit Beiträgen von Marietta Böning (Wien), Ulrich Brand (Wien), Nikolaus Forgó (Hannover, Wien), Günther Friesinger (Wien), Volker Grassmuck (Berlin), Herbert Hrachovec (Wien), Odin Kroeger (Wien), René Kuppe (Wien), Paul Lohberger (Wien), Eberhard Ortland (Hildesheim), Christian Schmidt (Leipzig), Frank A. Schneider (Bamberg), Cornelia Sollfrank (Hamburg, Dundee), Felix Stalder (Wien, Zürich) und Stefan Weber (Salzburg). (shrink)

When it comes to works of art, intellectual property rights (IPR) are often argued to be natural rights, for each work of art, so we are told, is the expression of the particular ingenuity of an individual artist. The account of creativity to which such arguments allude, however, is that of Romanticism, so that one may question whether these arguments hold valid for contemporary artistic practices. Thus, this paper will construct a Hegelian justification for IPR that goes along with the (...) Romantic concept of creative work and then assess this justification drawing on the analysis of the modern culture industry by Adorno and Horkheimer. Please note that this paper is a precis of a book chapter. (shrink)

This article discusses the PISA framework’s concept of reading. The main argument is that PISA’s cognitive approach to literacy only to a small extent captures the normative dimension of reading. Consequently, the test fails to reflect key aspects of literacy, such as identity, identity formation and the ability to participate in society on a deeper level. The argument is based on a normative or moral conception of meaning and reading comprehension, based on Hegel’s concept of recognition.

Carol Gilligan has delineated two ethics, the ethic of rights and the ethic of care. In this article I argue that the two ethics are part of one overall system, the ethic of care functioning as a necessary base for the ethic of rights. I also argue that the system is seriously flawed. Because women are held accountable to both ethics and because the two ethics frequently conflict, women recurrently find themselves in a moral double bind.

Carol Gilligan has delineated two ethics, the ethic of rights and the ethic of care. In this article I argue that the two ethics are part of one overall system, the ethic of care functioning as a necessary base for the ethic of rights. 1 also argue that the system is seriously flawed. Because women are held accountable to both ethics and because the two ethics frequently conflict, women recurrently find themselves in a moral double bind.

ABSTRACT What is “critical” about critical theory? I claim that, to be “critical enough”, critical theory’s future depends on being able to handle today’s planetary climate crisis, which presupposes a philosophy of nature. Here, I argue that Axel Honneth’s vision of critical theory represents a nature denial and is thus unable to criticize humans’ instrumentalization as well as capitalism’s exploitation of nature. However, I recover what I take to be a missed opportunity of what I term as the early Honneth’s (...) original ecological insight, which I reconstruct precisely as a philosophy of nature. Consequently, I identify what I describe as an ecological sensibility in Honneth. This refers to a bodily capability through which humans sensuously can resonate, communicate, and interact – and through that morally engage – with nature in its entire complexity. Furthermore, by virtue of this ecological sensibility, humans can recognize nature’s inherent moral value as a sensuously affected party. Then, the early Honneth’s original insight is recovered as a critical political ecology, which is needed facing today’s climate crisis. (shrink)

Waiting may feel like wasted time for people inhabiting small, low-lying, and extremely vulnerable island states as they await rising sea levels. Their homes may soon become uninhabitable due to climate change. The interplay between accelerating natural hazards, an increasing number of climate refugees, and the lack of adequate international refugee protection can prolong their waiting time. Therefore, I examine this experience within the complexity of the waiting framework consisting of existential, legal, and natural waiting. I explore the negative implications (...) of climate refugees’ waiting and how such waiting may be prevented. (shrink)

The thesis of this work is that in both modern Japanese philosophy and American pragmatism there has been a paradigm shift from a monological concept of self as an isolated "I" to a dialogical concept of the social self as an "I-Thou relation," including a communication model of self as individual-society interaction. It is also shown for both traditions all aesthetic, moral, and religious values are a function of the social self arising through communicative interaction between the individual and society. (...) However, at the same time this work critically examines major ideological conflicts arising between the social self theories of modern Japanese philosophy and American pragmatism with respect to such problems as individualism versus collectivism, freedom versus determinism, liberalism versus communitarianism, and relativism versus objectivism. (shrink)

Journal of Philosophy of Education, EarlyView.

Recognition and Freedom offers up-to-date discussions of Axel Honneth’s political thought by ten experts in the field. It also includes an interview with Honneth and an essay by him on education and democracy, previously unpublished in English.

Anerkjennelse spiller en nøkkelrolle for menneskeverdet innenfor Frankfurterskolens kritiske teori. Men hvorledes skal «anerkjennelse» forstås? Og hvorledes kan anerkjennelse innløse menneskeverdets universelle og egalitære fordring? Jürgen Habermas' og Axel Honneths «familiekrangel» bidrar med relevant innsikt om relasjonen mellom menneskeverd og anerkjennelse. Dette er en innsikt med affinitet til menneskeverdets normative legitimering i dagens transnasjonaliserte verden.Nøkkelord: Menneskeverd, transnasjonal anerkjennelsespolitikk, Jürgen Habermas, Axel HonnethEnglish summary: Recognition and the Grounding of Human Dignity – Towards a Transnational Politics of RecognitionRecognition plays a key role (...) in the Frankfurt School Critical Theory's approach to human dignity. Still, the question could arise as to how the notion of recognition should be understood, and how recognition may relate to the grounding of the concept of human dignity in a universal and egalitarian manner. Jürgen Habermas and Axel Honneth's «family quarrel» contributes a relevant insight into the relationship between human dignity and recognition, an insight that has affinity with the normative legitimacy of human dignity in today's transnationalised world. (shrink)

Artistic Detachment in Japan and the West takes up the notion of artistic detachment, or psychic distance, as an intercultural motif for East-West comparative aesthetics. The work begins with an overview of aesthetic theory in the West from the eighteenth-century empiricists to contemporary aesthetics and concludes with a survey of various critiques of psychic distance. Throughout, the author takes a highly innovative approach by juxtaposing Western aesthetic theory against Eastern aesthetic theory. Weaving between cultures and time periods, the author focuses (...) on a remarkably wide range of theories: in the West, the Kantian notion of disinterested contemplation, Heidegger's Gelassenheit, semiotics, and pragmatism; in Japan, Zeami's notion of riken no ken, the Kyoto School's intepretation of nothingness, D. T. Suzuki's analysis of the function of no-mind, and the writings of Kuki Shuzo on Buddhist detachment. "Portrait of the artist" fiction by such writers as Henry James, James Joyce, Mori Ogai, and Natsume Soseki demonstrates how the main theme of detachment is expressed in literary traditions. The role of sympathy or pragmatism in relation to disinterest is examined, suggesting conflicts within or challenges to the notion of detachment. Researchers and students in Eastern and Western areas of study, including philosophers and religionists, as well as literary and cultural critics, will deem this work an invaluable contribution to cross-cultural philosophy and literary studies. (shrink)

Abbreviations Works by Alfred North Whitehead 1) Adventures of Ideas. New York: Macmillan Co., 1967 AI 2) Concept of Nature. Cambridge: Cambridge University Press, 1971 CN 3) Modes of Thought. New York: Macmillan Co., 1968 MT 4) Process ..

Vi står overfor en planetær miljø- og klimakrise, med alvorlige, gjennomgripende, langvarige og irreversible konsekvenser for både menneske og natur. Det skyldes særlig at politiske, rettslige og økonomiske systemer som har vokst frem i løpet av de siste 250 år – slik som det liberale demokratiet og den globale kapitalismen – behandler naturen antroposentrisk, materialistisk og instrumentelt. For bedre å håndtere dagens miljø- og klimakrise, bør disse utdaterte systemene reformeres ut fra tanken om et økologisk demokrati, herunder en grønn konstitusjonalisme (...) og naturens moralske trumf. Norges første klimasøksmål illustrerer viktigheten av en slik systemisk grønning. Rettsaken fant sted i 2017 og kom opp igjen for rettsapparatet i 2019, hvor staten hevdes å bryte miljøparagrafen i sin egen grunnlov. Søksmålets grønning innebærer en positiv rettsliggjøring, hvis natursynet i Grunnlovens miljøparagraf forstås økosentrisk fremfor antroposentrisk. Da styrker klimasøksmålet økologiske medborgeres konstitusjonelle rettssikkerhet og demokratiske deltagelseslikhet. Viktigst er imidlertid at planetens eksistensielle tålegrense og naturens moralske trumf anerkjennes. Nøkkelord: Miljøkrise, klimasøksmål, økologisk demokrati, økologisk medborgerskap, grønn konstitusjonalisme, naturens moralske trumf, positiv rettsliggjøring English Summary: Ecological democracy and the inherent value of nature: Climate litigation in the age of the environmental crisis We are facing a planetary environmental and climate crisis, with severe, pervasive, long-lasting, and irreversible impacts for both humans and nature. This is due to political, legal, and economic systems having emerged during the last 250 years – especially liberal democracy and global capitalism – treat nature anthropocentrically, materialistically, and instrumentally. To better handle today’s environmental and climate crisis, these outdated systems should be reformed in light of the idea of ecological democracy, hereunder green constitutionalism and nature’s moral trump. Norway’s first climate lawsuit illustrates the importance of such a systemic greening. This trial took place in 2017 and reappeared for the court in 2019, in which the state is accused for having broken the environmental paragraph in its own constitution. This lawsuit’s greening implies a positive juridification, if the perception of nature in the Constitution’s environmental paragraph is ecocentric rather than anthropocentric. Then, the climate lawsuit strengthens ecological co-citizens’ constitutionally rule of law and democratic participation equality. Most importantly, it recognizes the planet’s existential limits and nature’s moral trump. Keywords: Environmental crisis, climate lawsuit, ecological democracy, ecological citizenship, green constitutionalism, nature’s moral trump, positive legalization. (shrink)

Nylig igangsatte FN Post-2015, sin nye utviklingsagenda. Sentralt er en global kamp for bedret helse, hvor det å leve et menneskeverdig liv står i sentrum. Imidlertid er forståelsen av selve helsebegrepet omstridt. Noen mener at det bør knyttes an til jus og menneskerettigheter, mens andre foreslår etikk og menneskeverd. Dette hviler i sin tur på motstridende menneskesyn i den globale helseetiske diskursen, nemlig mennesket som enten autonomt eller avhengig. I artikkelen analyserer jeg denne debatten ut fra det jeg hevder er (...) Martha Nussbaums globale helseetikk, som baseres på hennes kapabilitetstilnærming så vel som begrep om ‘helse som livskvalitet’. Min konklusjon er at Nussbaums normative begrunnelse for Post-2015 ut fra et kroppslig forankret menneskeverd er det mest overbevisende av de to konkurrerende svarene.Nøkkelord: global helseetikk, Martha Nussbaum, menneskeverd, menneskerettigheter, post-2015English summary: Living a dignified life - Martha Nussbaum's global health ethicsThe UN recently launched Post-2015, which is its new development agenda. Central here is the global struggle for improved health, in which what it takes to live a dignified life is stressed. However, the understanding of the notion of health is disputed. Some believe that it should be linked to law and the human rights, while others suggest ethics and human dignity. Which in turn rests on conflicting stands in the global health ethical discourse regards to the view of humanity, namely either as autonomous or dependent. In the paper I analyse this discourse, in which my point of departure is Martha Nussbaum’s capabilities approach as well as her concept of health as life quality. This I read exactly as a global health ethics. Thus, I conclude that between the two competing answers, Nussbaum’s normative justification for Post-2015 on the basis of bodily grounded human dignity is the most convincing.Keywords: global health ethics, Martha Nussbaum, human dignity, human rights, Post-2015. (shrink)

In the Anthropocene, humans are drastically impacting the Earth system. Though the numbers are disputed, millions of climate refugees might soon appear worldwide due to, for example, rising sea levels. To better tackle these intertwined ecological and migrational crises, I expand on Seyla Benhabib’s theoretical legacy by discerning within it a multidimensional framework containing mutually intersecting moral, legal, and political dimensions. Within this framework, I argue, Benhabib approaches the issue of climate refugees from three different yet supplementary discourses. From her (...) engagement with discourses on cosmopolitanism and global justice, she endorses reforming the Refugee Convention to include climate refugees. From her contribution to discourses on human rights and human dignity, Benhabib opens the door for a human right to the environment to better protect climate refugees. Against the backdrop of her longstanding work to reformulate a feminist and critical-theoretical discourse ethics, I argue, Benhabib puts forward an ecocentric planetary ethics that embraces climate refugees and the rest of nature. In all, I conclude that Benhabib’s legacy demonstrates the need for a multidimensional approach to climate refugees in times of ecocrisis. (shrink)

Dette nummeret av Etikk i praksis består av to deler, en temadel og en åpen del. Nummerets temadel dreier seg om irregulær migrasjon. Irregulære migranter skaper etiske, rettslige og politiske utfordringer for liberale velferdsstater i Europa. En irregulær migrant oppholder seg nemlig innenfor en stats grense, men er uten oppholdstillatelse. Dersom man aksepterer at stater har suveren rett til å bestemme over hvem som kvalifiserer seg til oppholdstillatelse og ikke, vil personer uten lovlig opphold reise følgende spørsmål: Har staten et (...) ansvar for å ivareta denne gruppens sikkerhet og velferd? Det er viktig å påpeke at irregulære migranter i liberale velferdsstater ikke er fullstendig rettighetsløse. De fleste liberale velferdsstater anerkjenner at de har sivile rettigheter samt et minimum av sosiale og økonomiske rettigheter.1 Territorielt og til en viss grad juridisk befinner de seg altså innenfor staten. Samtidig er de ekskludert fra de fleste sosiale og økonomiske rettigheter, og kan i prinsippet sendes ut av landet når som helst. På denne måten befinner de seg allikevel utenfor staten. I praksis er irregulære migranter altså på samme tid både innenfor og utenfor staten. Dette nummerets temadel inviterer til en normativ diskusjon om liberale velferdsstaters politikk overfor irregulære migranter. Og, ikke minst, hvordan samfunnet bør behandle denne gruppen innbyggere. (shrink)

Re-Imagining Ecological Democracy offers an original, thought-provoking, and engaging treatment of why and how democracy should be re-imagined in reaction to today's ecological crisis. The book explains that one need to re-imagine both the view on nature and democratic ideals within the same framework in the Anthropocene, the present geological epoch of human-made instability in the Earth system and its planetary boundaries. This book proposes unique and challenging readings of green political theory and its development of ecological democracy in the (...) last four decades. The book is the first to offer a systematic and detailed interpretation of the role of critical theory vis-à-vis green political theory through an update regarding current non-anthropocentric critical theorists and how they may contribute to the further development of ecological democracy. Re-Imagining Ecological Democracy builds further on deep ecology, ecophenomenology, and animism by articulating an ecocentric view on nature which defends an intrinsic moral value of all existence as well as formulating the democratic principle of all ecologically affected parties. This book provides a sophisticated, convincing, and accessible argument for how to re-imagine ecological democracy as ecocentrism in practice: ecological love. To love ecologically means caring for and encountering all existence on the Earth and in the cosmos. This book is multi-disciplinary and will be of great value to researchers as well as undergraduate and postgraduate students from many disciplines. (shrink)

Artistic Detachment in Japan and the West takes up the notion of artistic detachment, or psychic distance, as an intercultural motif for East-West comparative aesthetics. The work begins with an overview of aesthetic theory in the West from the eighteenth-century empiricists to contemporary aesthetics and concludes with a survey of various critiques of psychic distance. Throughout, the author takes a highly innovative approach by juxtaposing Western aesthetic theory against Eastern aesthetic theory. Weaving between cultures and time periods, the author focuses (...) on a remarkably wide range of theories: in the West, the Kantian notion of disinterested contemplation, Heidegger's Gelassenheit, semiotics, and pragmatism; in Japan, Zeami's notion of riken no ken, the Kyoto School's intepretation of nothingness, D. T. Suzuki's analysis of the function of no-mind, and the writings of Kuki Shuzo on Buddhist detachment. "Portrait of the artist" fiction by such writers as Henry James, James Joyce, Mori Ogai, and Natsume Soseki demonstrates how the main theme of detachment is expressed in literary traditions. The role of sympathy or pragmatism in relation to disinterest is examined, suggesting conflicts within or challenges to the notion of detachment. Researchers and students in Eastern and Western areas of study, including philosophers and religionists, as well as literary and cultural critics, will deem this work an invaluable contribution to cross-cultural philosophy and literary studies. (shrink)

This book examines Whitehead’s process aesthetics focusing on two categories, the penumbral beauty of darkness and the tragic beauty of perishability, while establishing parallels with the Japanese sense of evanescent beauty. It clarifies how both traditions develop a religio-aesthetic vision of tragic beauty and its reconciliation in the supreme ecstasy of peace.

In the last 15 years, scholars have increasingly applied Axel Honneth’s recognition theory to global issues such as justice, poverty, solidarity, peace, cosmopolitanism, and climate change. UNHCR estimates that there are currently 12 million stateless people worldwide. Their citizenship rights and human rights are mis-recognized. As humans, their human rights and human dignity should be protected. However, this requires being a citizen of a state, which, by definition, excludes stateless people. Although representing a fairly large group among today’s irregular migrants, (...) within the above Honneth scholarship, statelessness is seldom investigated. And if being explored, the primary focus is rights-based recognition within states. In contrast, therefore, I reconstruct what I perceive as a Honnethian idea of a “transnational struggle for recognition” of stateless people. First, I reframe the concrete universalism of the early Honneth’s philosophical anthropology, which includes stateless persons. It is concrete by being grounded in subjects’ bodily experiences, and it is universal by understanding recognition as a human condition. Second, building on his philosophical anthropology, I argue that embodied, vulnerable humans are motivated by mis-recognition. Stateless peoples’ transnational struggle for recognition is driven, then, by the lack of love, respect, and esteem. In some instances, however, statelessness even generates “refugee patients,” where stateless persons may be subjected to bodily experiencing, e.g., extreme traumatization due to the limbo situation often caused by statelessness. By being non-recognized, and not merely mis-recognized, stateless persons may be hindered from struggling for recognition. Finally, I emphasize the relevance of the entire Honnethian framework in the case of statelessness based on the suffering caused by the experience of mis-recognition as well as non-recognition. This approach involves applying all three forms of recognition: respect, love, and esteem. I conclude that this framing invokes what I conceptualize as a “transnational recognitive demand” that stateless people be recognized—as humans—in order to live a full life with dignity. (shrink)

I focus on the religio-aesthetic concept of nature in Japanese Buddhism as a valuable complement to environmental philosophy in the West and develop an explicit comparison of the Japanese Buddhist concept of nature and the ecological world view of Aldo Leopold. I discuss the profound current of ecological thought running through the Kegon, Tendai, Shingon, Zen, Pure Land, and Nichiren Buddhist traditions as weIl as modem Japanese philosophy as represented by Nishida Kitarö and Watsuji Tetsurö. In this context, I present (...) the Japanese concept of nature as an aesthetic continuum of interdependent events based on a field paradigm of reality. I show how the Japanese concept of nature entails an extension of ethics to include the relation between humans and the land. I argue that in both the Japanese Buddhist concept of nature and the thought of Aldo Leopold there is a hierarchy of normative values which grounds the land ethic in aland aesthetic. I also clarify the soteric concept of nature in Japanese Buddhism by which the natural environment becomes the ultimate locus of salvation for all sentient beings. In this way, I argue that the Japanese Buddhist concept of nature represents a fundamental shift from the egocentric to an ecocentric position-i.e., a de-anthropocentric standpoint which is nature-centered as opposed to human-centered. (shrink)