At the same time as the modern idea of the state was taking shape, Hugo Grotius , Thomas Hobbes and Samuel Pufendorf formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature , in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce as a driver of sociability and (...) of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations . Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation , but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral ; and 3) that commerce as a driver of social and moral order had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers such as Emer de Vattel , David Hume , and Adam Smith , and eventually to the empirical legal methodologies of Jeremy Bentham and Georg Friedrich von Martens. (shrink)

The possibility of cooperation and the stability of political order are long-standing problems. Polybius, well known for his Histories analysing the expansion of Rome and his description of the Roman constitution, also offers an intriguing social and political theory that covers ground from psycho-anthropological micro-foundations to institution-based political order, providing a genealogy of morals and political order that is best understood in game-theoretical terms. In this paper I try to give such an interpretation. Polybius’ naturalistic, proto-game theoretical views show similarities (...) with Hume, Smith and especially Hobbes’ doctrine of sovereignty by acquisition. However, Polybius is original in crucial regards, giving a motivationally plausible account of institutional and especially constitutional solutions to moral and political problems. Constitutional order, for Polybius, embodies and makes possible in the first place a kind of political reason that cannot be had individually. Polybian political theory thus offers interesting solutions to problems concerning moral motivation, collective action, and the conditions for political order, as well as the explanation and character of institutions. (shrink)

Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains (...) how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe. (shrink)

In this paper the centrality of concepts for intellectual history is stressed. Naturally, this focus on concepts requires an account of what concepts are. More contentiously, an account of how concepts are best approached by intellectual historians also requires taking a stand vis-à-vis some prevailing notions of concepts. In particular, I will direct attention to the weaknesses of the historicist theory of concepts derived from the later Wittgenstein. By contrast, I will put forward an account of conceptual innovation and change (...) in intellectual history based on a notion of concept loosely inspired by Frege. The first three parts of the paper lay out a framework for what I call “analytic contextualism,” which is then briefly illustrated with an example from the history of political thought in the fourth part. I argue that this framework should be attractive to intellectual historians for two reasons: First, Fregean concepts, due to their relative independence from context, explain long-term conceptual stability and change better than competing notions of concepts. Second, a Fregean notion of concept is better suited than its competitors to explain how concepts and conceptual innovation sometimes manage to have causal effect on institutions and social reality. To demonstrate the latter point, it will be shown that my account of concepts is consistent with, and well placed to exploit, recent philosophical advances in social ontology. (shrink)

_ Source: _Volume 38, Issue 1, pp 211 - 228 In this Reply, I argue that _pace_ Knud Haakonssen it is dubious that Adam Smith managed to ‘blow up’ Hugo Grotius’s universalist system of natural jurisprudence. Rather, Smith emerges as a closet rationalist who put forward crypto-normative universalist claims himself and found that he could not in the end improve upon Grotius’s system. Grotius was not seen by Smith as a ‘casuist’ _tout court_. I try to give an explanation for (...) the tensions introduced into Smith’s work by his incorporation of key aspects of Grotius’s theory of justice. Furthermore, I try to clarify in what regard Grotius should be seen as a novel and original thinker. Lastly, I argue in favor of according ideas and arguments their own weight, against a facile contextualism that is always in danger of falling prey to the genealogical fallacy. (shrink)

This article seeks to show the importance of Cicero for Kant by pointing out the systematic relationship between their respective views on ethics and law. Cicero was important to Kant because Cicero had already elaborated an imperative, “quasi-jural” conception of duty or obligation. Cicero had also already prefigured the distinction between ethical duties and duties of justice. The article does not establish any direct historical influence, but points out interesting systematic overlaps. The most important in the realm of ethics are (...) a universal rationalism; a rule-based normative framework of duty; and skepticism about (Cicero), or rejection of (Kant), eudaimonism. In the realm of political theory, it is the centrality of law and of property that unites both thinkers; both reject voluntarism in thinking that consensus flows from the right external laws, not the other way around, and thus creates a juridical community; and lastly, both Cicero and Kant believe that transparence, or publicity, is a key ideal that might be presupposed by both the ethical and the juridical domain. The article thus shows that both Cicero and Kant separate ethics from law, but there are indications that neither has given up the aspiration to bridge the two realms on a higher plane. This reading of Kant yields both a more Ciceronian Kant and allows us to perceive Kantian aspects of Cicero. (shrink)

Name der Zeitschrift: Klio Jahrgang: 97 Heft: 1 Seiten: 353-356.

This article examines Grotius’s use of a Roman tradition to establish his notion of a natural and international law in his early treatise De iure praedae. It is argued that De iure praedae, on a methodological level, constituted an attempt to introduce a new doctrine of sources of law by making use of the method of classical rhetoric. On a substantive level, the treatise must be seen as growing out of a Ciceronian tradition of natural law arguments in favor of (...) just war, a tradition further enriched by Grotius with concepts taken from the property law of the Digest. These concepts afforded Grotius with the substantive framework to develop his doctrine of subjective natural rights as sketched in the hitherto unpublished early manuscript Theses LVI. An implication of this investigation of the Roman foundations of Grotius’s theory of natural law is that it challenges widespread assumptions about the “positive” character of ancient liberty. (shrink)

Emergency powers are widely held to have contributed in important ways to the Roman Republic's demise and to the erection of the Principate. The debate waged during the late Republic over such powers is certainly one of the most prominent features in late Republican political thought and controversy, and it would be hard to overlook the fact that it was a debate over constitutional principle. Taking seriously the constitutional character of that debate, this article seeks to answer the question of (...) whether it makes sense to attribute to the Roman Republic something like the concept of a constitution in the first place. It is argued that on the level of political thought the term 'constitution' can indeed profitably and accurately be applied to a set of rules that were thought both to be more entrenched and to be more important than other rules. Thus it makes perfect sense to speak of a Roman Republican constitution, without scare quotes, at least in the realm of political thought. Furthermore it is suggested that it makes sense to speak of a Roman republican constitution in the realm of institutional reality as well since political and more specifically constitutional thought informed and influenced some of the republican institutions and their functioning to a considerable extent. (shrink)

My Article seeks to explore a few antecedents of the idea that sovereignty may be encumbered with some obligations and duties vis-à-vis non-sovereigns and even strangers. Theories about limitations on sovereignty and obligations on the part of sovereigns often arose out of the fertile conceptual ground of Roman private law, in particular rules of property law governing usufruct and rules of contract law, such as those governing mandate. Early modern thinkers, especially Hugo Grotius, built on these ideas and, in addition, (...) developed an account of moral and legal obligations arising, independently of God’s will, from a universal human nature. Building on Cicero, Grotius was among the first early-modern thinkers to elaborate the distinction between “perfect” duties of justice and “imperfect” duties of beneficence, an important idea that had wide influence through the work of Emer de Vattel. The Article closes by offering a few observations on the trajectories within which Professor Benvenisti’s concept of “sovereigns as trustees of humanity” could be situated. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with (...) regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

This article examines Grotius's use of a Roman tradition to establish his notion of a natural and international law in his early treatise "De iure praedae ". It is argued that "De iure praedae," on a methodological level, constituted an attempt to introduce a new doctrine of sources of law by making use of the method of classical rhetoric. On a substantive level, the treatise must be seen as growing out of a Ciceronian tradition of natural law arguments in favor (...) of just war, a tradition further enriched by Grotius with concepts taken from the property law of the Digest. These concepts afforded Grotius with the substantive framework to develop his doctrine of subjective natural rights as sketched in the hitherto unpublished early manuscript Theses LVI. An implication of this investigation of the Roman foundations of Grotius's theory of natural law is that it challenges widespread assumptions about the "positive" character of ancient liberty. (shrink)

In this article, we discuss Greek and Roman conceptions of liberty. The supposedly ‘neo-Roman’ view of liberty as non-domination is really derived from negative Greek models, we argue, while Roman authors devised an alternative understanding of liberty that rested on the equality of legal rights. In this ‘paleo-Roman’ model, as long as the law was the same for all, you were free; whether or not you participated in making the law was not a constitutive feature of liberty. In essence, this (...) Roman theory was a theory of freedom as the rule of law and the guarantee of equal rights, especially due process rights. For this Roman concept of ‘legal liberty,’ as we call it, political participation was neither necessary nor sufficient. Theorized by Cicero and historicized by Livy, the Roman understanding of freedom flourished in early-modern times, proving important to paradigmatic republican authors such as Machiavelli and Rousseau as well as to Hobbes, whose work we discuss as a helpful point of comparison. (shrink)

Hardly anyone disputes that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something discrimination, as well as precisely why acts of discrimination are wrong. Benjamin Eidelson develops systematic answers to those two questions. He claims that discrimination is a form of differential treatment distinguished by its special connection to the differential ascription of some property to different people, and goes on to argue that what makes some cases of discrimination intrinsically wrongful (...) is that they manifest an attitude of disrespect for the personhood of those who are disfavored. He endeavors to specify what this attitude consists in, and to demonstrate how attending to its character can help us to better understand the moral dimensions of different forms of wrongful discrimination. The book concludes with an extended discussion of racial profiling in law enforcement. (shrink)

Kiesewetter defends the normativity of rationality by presenting a new solution to the problems that arise from the common assumption that we ought to be rational. He provides a defence of a reason-response conception of rationality, an evidence-relative account of reason, and an explanation of structural irrationality in relation to these accounts.

Sometimes our intentions and beliefs exhibit a structure that proves us to be irrational. This dissertation is concerned with the question of whether we ought (or have at least good reason) to avoid such irrationality. The thesis defends the normativity of rationality by presenting a new solution to the problems that arise from the common assumption that we ought to be rational. The argument touches upon many other topics in the theory of normativity, such as the form and the content (...) of rational standards or requirements, the preconditions of criti¬cism, and the function of reasons in deliberation and advice. Over and above an exten¬sive assessment of the problems discussed in the literature, the thesis provides a detailed defence of a reason-response conception of rationality, a novel, evidence-relative account of reasons, and an explanation of structural irrationality in terms of these accounts. (shrink)

An increasing number of regulations propose the notion of ‘AI audits’ as an enforcement mechanism for achieving transparency and accountability for artificial intelligence (AI) systems. Despite some converging norms around various forms of AI auditing, auditing for the purpose of compliance and assurance currently have little to no agreed upon practices, procedures, taxonomies, and standards. We propose the ‘criterion audit’ as an operationalizable compliance and assurance external audit framework. We model elements of this approach after financial auditing practices, and argue (...) that AI audits should similarly provide assurance to their stakeholders about AI organizations’ ability to govern their algorithms in ways that mitigate harms and uphold human values. We discuss the necessary conditions for the criterion audit, and provide a procedural blueprint for performing an audit engagement in practice. We illustrate how this framework can be adapted to current regulations by deriving the criteria on which ‘bias audits’ for hiring algorithms can be performed, as required by the recently effective New York City Local Law 144 of 2021. We conclude by offering critical discussion on the benefits, inherent limitations, and implementation challenges of applying practices of the more mature financial auditing industry to AI auditing where robust guardrails against quality assurance issues are only starting to emerge. Our discussion as informed by experiences in performing these audits in practice highlights the critical role that an audit ecosystem plays in ensuring the effectiveness of such methodology. (shrink)

Consider the following 'principles':2(Norm of Belief Schema) Necessarily, a belief of is correct (relative to some scenario) if and only if p (at that scenario) — where 'p' has the aforementioned content .(Generalized Norm of Belief) Necessarily, for all propositions , a belief of is correct (relative to some scenario) if and only if is true (at that scenario).Both 'principles' appear to capture the aim(s) of belief. (NBS) particularizes the aims to beliefs of distinct content-types. (GNB) generalizes these aims of (...) beliefs as truth. Properly understood, the instances of (NBS) appear to be at least approximately true as does (GNB). Of course, one might harbor concerns about whether these are mere .. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

In this essay the visual arts of the machine age morph into literature and theory and then back again to images, gestures, and thought.

Towards the unconditioned: Kant, Epicurus and Glückseligkeit -- Arendt and the time of the pardon -- Kant, evil, and the unconditioned -- Judgment after Derrida.

As sophisticated artificial intelligence software becomes more ubiquitously and more intimately integrated within domains of traditionally human endeavor, many are raising questions over how responsibility (be it moral, legal, or causal) can be understood for an AI’s actions or influence on an outcome. So called “responsibility gaps” occur whenever there exists an apparent chasm in the ordinary attribution of moral blame or responsibility when an AI automates physical or cognitive labor otherwise performed by human beings and commits an error. Healthcare (...) administration is an industry ripe for responsibility gaps produced by these kinds of AI. The moral stakes of healthcare are often life and death, and the demand for reducing clinical uncertainty while standardizing care incentivizes the development and integration of AI diagnosticians and prognosticators. In this paper, we argue that (1) responsibility gaps are generated by “black box” healthcare AI, (2) the presence of responsibility gaps (if unaddressed) creates serious moral problems, (3) a suitable solution is for relevant stakeholders to voluntarily responsibilize the gaps, taking on some moral responsibility for things they are not, strictly speaking, blameworthy for, and (4) should this solution be taken, black box healthcare AI will be permissible in the provision of healthcare. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps, and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may (...) freely copy and distribute this work, as no entity has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

An English language translation accompanies the original Greek text of Aristotle's book about the nature of the state, constitutions, revolutions, democracy, and oligarchy.

Redesigning humans -- Engaging with transhumanism -- Living "forever" : transhumanism and mortality -- "Unlimited" intelligence and well-being -- The role of the philosopher in transhumanism -- Transhumanism and Buddhist philosophy : two approaches to suffering -- Conclusion : Contesting and considering.

This book presents a contextual study of the life and work of the Cambridge Platonist Ralph Cudworth (1617-1688). Focusing on the theological basis of Cudworth's ethical philosophy, this book unlocks the hitherto ignored political aspect to Cudworth's ethical philosophy. Through a detailed examination of Cudworth's published works - particularly his voluminous "True intellectual system of the Universe" -, his posthumously published writings, and his 'freewill' manuscripts Benjamin Carter argues that the ethical and political arguments in Cudworth's philosophy develop out (...) of Cudworth's Trinitarian theology. Carter traces the link between Cudworth's trinitarianism and his ethical and political ideas by placing Cudworth's work in the turbulent religious and intellectual context of seventeenth-century England, and the University of Cambridge in particular. (shrink)

The first philosophers of the Frankfurt School famously turned to the psychoanalytic theories of Sigmund Freud to supplement their Marxist analyses of ideological subjectification. Since the collapse of their proposed "marriage of Marx and Freud," psychology and social theory have grown apart to the impoverishment of both. Returning to this union, Benjamin Y. Fong reconstructs the psychoanalytic "foundation stone" of critical theory in an effort to once again think together the possibility of psychic and social transformation. Drawing on the (...) work of Hans Loewald and Jacques Lacan, Fong complicates the famous antagonism between Eros and the death drive in reference to a third term: the woefully undertheorized drive to mastery. Rejuvenating Freudian metapsychology through the lens of this pivotal concept, he then provides fresh perspective on Theodor Adorno, Max Horkheimer, and Herbert Marcuse's critiques of psychic life under the influence of modern cultural and technological change. The result is a novel vision of critical theory that rearticulates the nature of subjection in late capitalism and renews an old project of resistance. (shrink)

At least some of your beliefs are commitments. When you believe that P as a commitment, your stance on P is such that you believe it on the basis of your considered judgement. Sometimes, you also believe that you believe P. Such self‐beliefs can also be commissive in a sense, as when they are reflective endorsements of your lower‐order commissive beliefs. In this paper I argue that one's commissive self‐beliefs ontologically constitute one's lower‐order commissive beliefs because one's commissive self‐beliefs instantiate (...) the same inferential dispositions that are constitutive of one's lower‐order commissive beliefs. Constitutive relations between commissive self‐beliefs and first‐order commissive beliefs are maximally epistemically secure because they do not result from any epistemic procedure by which one must try (and possibly fail) to detect one's first‐order commissive beliefs. This maximal epistemic security suffices to warrant one's commissive self‐beliefs, such that one possesses commissive self‐knowledge of an especially privileged sort. (shrink)

In this essay, I argue that the objections that have been raised against the view that equality is intrinsically valuable also provide objections to the view that all practical reasons can be explained in terms of value. Plausible egalitarian principles entail that under certain conditions people have claims to an equal share. These claims entail reasons to distribute goods equally that cannot be explained by value if equality has no intrinsic value.

The English Neoplatonic philosopher Ralph Cudworth introduced the term ‘consciousness’ into the English philosophical lexicon. Cudworth uses the term to define the form and structure of cognitive acts, including acts of freewill. In this article I highlight the important role of theological disputes over the place and extent of human freewill within an overarching system of providence. Cudworth’s intellectual development can be understood in the main as an increasingly detailed and nuanced reaction to the strict voluntarist Calvinism that is typified (...) in the thought of his near contemporary William Perkins. At the heart of Cudworth’s rejection of Calvinism is the dilemma over whether God is understood primarily in terms of will or justice. In this fleshing-out of the power of consciousness Cudworth moves from an instrumental account of the working of the human mind towards an account of human consciousness that is intrinsic to his definition of human agency. (shrink)

The analysis of a previous paper, in which it was shown that the energy for the Aharonov-Bohm effect could be traced to the interaction energy between the magnetic field of the electron and the background magnetic field, is extended to cover the case in which the magnetic field of the electron is shielded from the background magnetic field by a superconducting material. The paradox that arises from the fact that such a shielding would apparently preclude the possibility of an interaction (...) energy is resolved and, within the limits of the ideal situation considered, the observed experimental result is derived. (shrink)

Here, I explore a modernist aesthetics of death metal. First, I briefly describe a few themes that characterize some modern art, without any claim that they are necessary, sufficient, or exhaustive. The goal is to obtain a set of themes that might be set against similar themes characteristic of death metal. This is the task in the second half of the paper. In particular, I argue that (some) modernist art and death metal share themes centered on transgressively breaking with the (...) past, pursue their conception of the truth, eliminate elements in their art form to purity them, and attack the art/non-art or music/non-music distinction. I contend that centering on death metal vocals reflects these themes. Death metal growls, like some modernist art, transgresses on past vocal traditions, tells us important truths, eliminates traditional concepts/techniques of signing, and undermines the singing/noise distinction. (shrink)

_An original philosophical account of relational ontology drawing on the work of Descartes, Kant, Fichte, Hegel, and Heidegger._.

It is often claimed that credences are not reducible to ordinary beliefs about probabilities. Such a reduction appears to be decisively ruled out by certain sorts of triviality results–analogous to those often discussed in the literature on conditionals. I show why these results do not, in fact, rule out the view. They merely give us a constraint on what such a reduction could look like. In particular they show that there is no single proposition belief in which suffices for having (...) a particular credence, regardless of one’s evidence. But if we allow such propositions to vary with evidence–as we should–then the results do not rule out a reduction. So, at least on this count, credences might very well just be beliefs about probabilities. (shrink)

This is the first book to explore the role of quotation in modern Jewish thought. It shows how quotation is the binding tissue that links language and thought, modernity and tradition, religion and secularism as a way of being in the world.