Divine command metaethics is one of those theories according to which the nature of obligation is grounded in personal or social relationships. In this paper I first try to show how facts about human relationships can fill some of the role that facts of obligation aresupposed to play, specifically with regard to moral motivation and guilt. Then I note certain problems that arise for social theories of obligation, and argue that they can be dealt (...) with more adequately by an expansion of our vision of the social dimension of ethics to include God as the most important participant in our system of personal relationships. (shrink)

Making decisions with an, often significant, element of risk seems to be an integral part of many of the projects of the diverse profession of engineering. Whether it be decisions about the design of products, manufacturing processes, public works, or developing technological solutions to environmental, social and global problems, risk taking seems inherent to the profession. Despite this, little attention has been paid to the topic and specifically to how our understanding of engineering as a distinctive profession might affect (...) how we should make decisions under risk. This paper seeks to remedy this, firstly by offering a nuanced account of risk and then by considering how specific claims about our understanding of engineering as a social profession, with corresponding social values and obligations, should inform how we make decisions about risk in this context. (shrink)

This chapter examines the theory of moral obligation presented by Robert Adams in Finite and Infinite Goods. The theory holds, quite plausibly, that obligations are requirements which arise within the context of social relationships. It also holds, more controversially, that genuinely moral obligations are requirements resulting from the commands of a loving God. The advantage Adams sees in introducing the notion of a loving God into the theory is that doing so rules out the possibility that certain sorts (...) of horrendous evils, including wanton cruelties, could turn out, according to the theory, to be morally obligatory. This advantage obtains, however, only if God's love is taken to be unlike that of the jealous, strongly preferential sort apparently attributed to God in many biblical passages. Adams does not adequately explain why he identifies the God posited by his theory with the God of the Old and New Testaments. Nor does he adequately explain why one should suppose that a God who conforms to Adams's conception of a perfectly loving being actually exists, given the horrendous evils there are and given the confusing biblical portrait of God as both a horror-defeater and a horror-commander. All things considered, more modest versions of the social theory of obligation appear more plausible than Adams's metaphysically extravagant version. A slightly more modest version would appeal directly to Adams's own theistic theory of excellence, without making reference to divine commands. An even more modest version would eschew the theistic commitments of Adams's ethical theory altogether. The chapter concludes by raising questions about Adams's conception of the metaphysics of morals as a discipline analogous to scientific inquiry into the natural kinds. (shrink)

Under a widespread understanding of the nature of moral obligation, one cannot be under an obligation to perform or omit an act and have a moral power to release oneself from one’s obligation. According to this view, being under an obligation necessarily entails relinquishing one’s sovereignty over the obligatory matter, that is, one’s capacity to control one’s own obligational world. This essay argues against such a view. I shall argue that by making what I will (...) call a commitment, a person assumes an obligation towards another on a given matter whilst preserving the power to release herself from her obligation. Commitments constitute morally obligatory acts over which’s obligatoriness those obliged always retain control. They constitute obligations over which obligors preserve moral sovereignty. I show that the notion of commitment sheds light on the structure of important moral phenomena such as some of our loyalty obligations, and, furthermore, that it reveals something central about the justification and scope of the law of contracts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

The social sciences often fail to examine in any systematic way the nature of their subject matter. Demonstrating that this is a central explanation of the widely acknowledged failings of the social sciences, not least of modern economics, this book sets about rectifying matters. Providing an account of the nature of social material in general, as well as of the specific natures of central components of the modern world, such as money and the corporation, Lawson (...) also considers the implications of this theory regarding possibilities for social change. Readers will gain an understanding of how social phenomena, from tables and chairs, to money and firms, and nurses and Presidents are constituted. Fundamental to Lawson's conception is a theory of community-based social positioning, whereby people and things within a community become constituted as components of emergent totalities, with actions governed by the rights and obligations of relevant members of the community. This theory isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. isolates a set of basic principles that will offer the reader an understanding of the natures of all social phenomena. The Nature of Social Realityis for all those, academics and non-academics alike, who wish to gain a grasp on the nature of social phenomena that goes beyond the superficial. (shrink)

In this paper I argue that philosophers of science have an obligation to recognize and engage with the social nature of the sciences they assess if those sciences are morally relevant. Morally-relevant science is science that has the potential to risk harm to humans, non-humans, or the environment. My argument and the approach I develop are informed by an analysis of the philosophy of biology literature on the criticism of evolutionary psychology, the study of the evolution of (...) human psychology and behaviour. From this literature, I tease out two different methods of scientific critique. The first I call the “truth-detectional” approach. Those who take this approach are first and foremost concerned about the truth of EP claims as that truth can be determined by evidence. The second I call the “social-dimensional” approach. Those who take this approach talk about the production and truth of EP claims but within a social framework. On this account, the legitimacy and perceived legitimacy of EP claims are not separate from the institutional and social processes and values that lend to their production. I show that the truth-detectional approach risks harms to society and to the philosophy of science, but that the social-dimensional approach avoids these harms. Philosophers of science, therefore, should take a social-dimensional approach to the assessment of morally-relevant science. (shrink)

Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then (...) argue that Wittgenstein’s notion of forms of life and the sociological notion of situation refer to the same encompassing phenomenon: obligation. I will finally claim that this phenomenon should be re-specified in terms of impersonality to devise a shared dynamic conception of obligation admitting that a plurality of contextual normative orders monitor collective and individual action in ordinary life. (shrink)

How do promissory obligations get created? Some have thought that the answer to this question must make reference to our social practice of promising. Recently, however, T.M. Scanlon has argued (in his book What We Owe to Each Other) for a pure ‘expectation view’ of promising, according to which promissory obligations arise as a result of our producing certain expectations in others. He formulates a principle of fidelity (Principle F) that tells us when one has gained an obligation (...) due to producing expectations in another, and he maintains that breaking one's promise is merely a special instance of violation against Principle F. Though initially compelling, Scanlon’s account is ultimately unsatisfactory because it is subject to a vicious circularity. In order to get out of the circle, we are forced to resort back to elements of a social practice view of promising. Thus we arrive at a hybrid view of promissory obligation, which weds parts of Scanlon’s expectation view with parts of a social practice view. After briefly examining and rejecting Scanlon’s pure expectation view, I consider the hybrid view of Niko Kolodny and R. Jay Wallace. I present a serious objection to the hybrid view as they formulate it and go on to construct a modified hybrid view. Finally, I defend my modified hybrid view from certain pressing objections. (shrink)

In Rousseau’s Social Contract, political laws are rationally binding because they satisfy the interests that motivate individuals to obey such laws. The later books of Emile justify morality by showing that it is continuous with the natural dispositions of a well-brought-up subject and is thus conducive to genuine happiness. In both the moral and political cases, Rousseau argues for an internal connection between the rational ground of an obligation and the broader aspects of human psychology that are satisfied (...) and expressed by acting from that obligation. Yet, inspired by Kantian philosophy, the recent and influential Social Autonomy interpretation has disjoined rationality and psychology. Criticising this interpretation, I argue that for Rousseau, obligations are justified because they satisfy the demands made by our moral psychology, most notably amour-propre, i.e. the desire to have one’s worth recognised by others. (shrink)

This article addresses the relations between ‘nature’ and ‘culture’ (and those characteristics associated with ‘the natural’ and ‘the cultural’) in the context of the debates about Prozac. Following Marilyn Strathern, I focus specifically on the contested issue of enablement - that is, on what Prozac does or does not enable, and on the relation between enablement and enhancement, normality and pathology. I argue that the implications of the model of the brain that accompanies explanations of Prozac are such that (...) commentators are obliged to address not only the nature of normality but also the nature of nature itself. Through a close analysis of these debates, I suggest that critiques of Prozac should be understood not as objections to reductionism - to a biology that closes things down - but rather to one that opens things up: that opens up the relations between nature, culture, biology and the individual, relations that are now cross-cut and thrown about by artificiality. Objections to Prozac, then, might be characterized as an attempt to put these concepts back into their ‘proper’ positions, to re-establish the relationality between them. In conclusion, I argue that the biology put forward by proponents of psychopharmacology, regardless of the desirability of the latter, challenges not only the frequent assumptions that are made about the claims of materialist science, but also some of the terms and concepts that are commonly deployed in the social sciences. (shrink)

Compromise is a pervasive fact of life. It occurs when obligations conflict and repudiating one obligation entirely to satisfy another entirely is unacceptable—for example, when a single parent cannot both raise a child satisfactorily and earn the income that living together demands. Compromise is unsettling, but properly negotiating difficult circumstances develops moral and emotional maturity. Yet compromise has no place in moral philosophy, where it is logically anathematized and deemed to violate integrity. This paper defends compromise with more expansive (...) accounts of reason and integrity that comport with our finite moral agency and infuse our moral lives. (shrink)

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to (...) its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. (shrink)

In the discussion of such social questions as how should alcoholics be treated by society? and what kind of people are responsible in the face of the law?, is disease a value-free or value-laden notion, a natural or a normative one? It seems, for example, that by the utterance alcoholism should be classified as a disease we mean something like the following: the condition called alcoholism is similar in morally relevant respects to conditions that we uncontroversially label diseases, and (...) therefore we have a moral obligation to consider alcoholism a disease. So there are grounds to think that, in the discussion of social questions, our concept of disease is strongly value-laden. However, it does not follow that the medical concept of disease is likewise value-laden. In this paper I distinguish between the medical and social concepts of disease, arguing that the naturalist-normativist debate is concerned with the former, but not the latter. Therefore, we need not settle the naturalist-normativist debate in order to conclude that the social concept of disease is value-laden. (shrink)

In the discussion of such social questions as "how should alcoholics be treated by society?" and "what kind of people are responsible in the face of the law?", is "disease" a value-free or value-laden notion, a natural or a normative one? It seems, for example, that by the utterance 'alcoholism should be classified as a disease' we mean something like the following: the condition called alcoholism is similar in morally relevant respects to conditions that we uncontroversially label diseases and, (...) therefore, we have a moral obligation to consider alcoholism a disease. So there are grounds to think that, in the discussion of social questions, our concept of disease is strongly value-laden. However, it does not follow that the medical concept of disease is likewise value-laden. In this paper I distinguish between the medical and social concepts of disease, arguing that the naturalist-normativist debate is concerned with the former, but not the latter. Therefore, we need not settle the naturalist-normativist debate in order to conclude that the social concept of disease is value-laden. (shrink)

Amartya Sen argues that sectarian discord and violence are fueled by confusion about the nature of identity, including the pervasive tendency to see ourselves as members of singular social groups standing in opposition to other groups (e.g. Democrat vs. Republican, Muslim vs. Christian, etc.). Sen defends an alternative model of identity, according to which we all inevitably belong to a plurality of discrete identity groups (including ethnicities, classes, genders, races, religions, careers, hobbies, etc.) and are obligated to choose, (...) in any given context, which among our multiple affiliations to prioritize. While Sen’s model of discrete identity prioritization is a clear advance over single-factor accounts, it overlooks significant lessons about identity from over 150 years of scholarship by feminists of color. In ignoring the experiences of women of color, Sen’s model falsely assumes that identities are in-principle separable for the purposes of practical deliberation; and, in obligating individuals to make such identity-based “reasoned choices,” Sen’s model forces those with multiply marginalized identities to choose from a set of externally defined identity options, none of which sufficiently captures their experiences. (shrink)

In this paper, I specifically consider the issue of corporate governance and normative stakeholder theory. In doing so, I arguethat stakeholder theory and responsibilities to non-shareholder constituencies can be made more intelligible by reference to Kant’sconception of perfect and imperfect duties. I draw upon Onora O’Neill’s (1996) work, Towards Justice and Virtue: A Constructivist Account of Practical Reasoning. In her text O’Neill underlines a number of relevant issues including: the integration of particularist and universalist accounts of morality; the priority of (...) obligations over rights; the importance of the distinction between imperfect and perfect duties; and the relation between the virtues and imperfect duties. On the basis of the foregoing analysis, the paper argues that business ethicists should avoid recommending the institutionalising of stakeholder responsibilities in terms of legally defined sets of stakeholder rights. Instead, we should regard stakeholder responsibilities as uniformalised imperfect duties. Conceiving responsibilities to all stakeholder groups in this manner, allows the firm the freedom to perfect these duties in ways appropriate to cultural and societal setting, and in accordance with the capacity to do so. (shrink)

Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of (...) obligation. If legal, social and moral obligations are three instances of the kind defined by “obligation,” then we cannot successfully explicate the nature of legal, social or moral obligations without a successful general conceptual theory of obligation. In what follows, I attempt to develop what I take to be the central elements of the general concept of obligation. I argue that obligations are (1) associated with mandatory prescriptions; (2) reasons for action; (3) exclusionary in the sense that certain reasons are excluded as an excuse of justification for non-performance; and (4) “binding” in the sense that they have a special normative force. At the end of the paper, I briefly argue that our shared concept of obligation is indeterminate with respect to one theoretically important case, the issue of whether the rules of a crime gang that includes some sort of rule-defining procedures for making rules governing members obligate gang members if accepted as legitimate by the members. (shrink)

Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political bonds.Footnotes* For helpful comments (...) on and discussion of earlier drafts of this paper, I am grateful to the other contributors to this volume, the editors of Social Philosophy and Policy, Colin Bird, Richard Dagger, Joshua Dienstag, Charles Kromkowski, David Mapel, Debra Morris, John Simmons, Vivian Thomson, and Steven Wall. (shrink)

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical (...) and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health. (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory (...) of Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

Family obligation, which has an exceptionally high salience in traditional Chinese society, continues to be significant in contemporary China. In family relations in particular sentiments and practices morphologically similar to those associated with xiao remains intact in so far as an enduring set of expectations concerning age-based obligation continues to structure behavior toward others. Researchers pursuing the theme of “individualization” in Chinese society, on the other hand, argue that family obligations and filial sentiments have substantially weakened. The present (...) paper will show that under conditions of cultural and social change in China filial behavior through family obligation continues to play an important role even though the conventions associated with the relevant expectations, attitudes and emotions have undergone significant change. The paper argues that the culture-system develops not merely through an internal dynamic and that family obligation must be understood in terms of the social and material context in which it operates and the nature of the motivations and imagery of the people that practice it. (shrink)

This paper pays special attention to T.H. Green's account of rights as developed in the Lectures on the Principles of Political Obligation. Green's theory can be viewed as having at least two main levels. The first level is his general account of rights, emphasizing the notions of social recognition, of a power or capacity that each right-holder has, and of the common good subserved by proper rights. The second level is that of universal rights; here special attention will (...) be paid to Green's critique of seventeenth-century natural rights and to the theory of human rights that Green evolved to replace and improve upon the old natural rights tradition. In its account of contemporary human rights theory, the paperwill emphasize the special role that social recognition plays in both the moral project of justifying human rights and in the institutionalization that is a necessary feature of any fully constituted human right, functioning at full capacity. (shrink)

The social sciences playa variety of multifaceted roles in the policymaking process. So varied are these roles, indeed, that it is futile to talk in the singular about the use of social science in policymaking, as if there were one constant relationship between two fixed and stable entities. Instead, to address this issue sensibly one must talk in the plural about uses of dif ferent modes of social scientific inquiry for different kinds of policies under various circumstances. (...) In some cases, the influence of social scientific research is direct and tangible, and the connection between the find ings and the policy is easy to see. In other cases, perhaps most, its influence is indirect-one small piece in a larger mosaic of politics, bargaining, and compromise. Occasionally the findings of social scientific studies are explicitly drawn upon by policymakers in the formation, implementation, or evaluation of particular policies. More often, the categories and theoretical models of social science provide a general background orientation within which policymakers concep tualize problems and frame policy options. At times, the in fluence of social scientific work is cognitive and informational in nature; in other instances, policymakers use social science primarily for symbolic and political purposes in order to le gitimate preestablished goals and strategies. Nonetheless, amid this diversity and variety, troubling general questions persistently arise. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite (...) the fact that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

Tomasello's characterization of obligation as demanding and coercive is not an implication of the centrality of collaborative commitment. Not only is this characterization contentious, it appears to be falsified in some cases of personal conviction. The theory would be strengthened if the nature of obligation's force and collaborative commitment were directly linked, possibly through Tomasello's notions of identity and identification.

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms (...) this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...) natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

In this paper the thesis that personal identity is essentially constituted by social relations is defended. To make this plausible the problem of personal identity is broken down into four interrelated sets of problems. Of these, the unity -- and the persistence -- problems cannot be resolved using the notion of a person and therefore personal identity in this sense is not socially constituted. But this paper argues that the conditions of personhood, and the structure of a human being's (...) personality -- which are the other two sets into which the problem of personal identity is dissolved -- are best understood as being constituted by social relations, especially relations of mutual. (shrink)

This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural (...) duty, by claiming that one’s denial of state authority necessarily poses an unjust threat to other people, and by invoking the consideration of fairness to preempt one’s discretion in discharging a natural duty. My criticisms, I believe, provide sufficient reasons for natural-duty theorists to take the requirement of content independence much more seriously. (shrink)

Psychiatrists assert that mental illness is a physiological brain disorder. The anti-psychiatry movement refutes this on grounds of lack of evidence claiming that mental illness is socially defined. Len Bowers offers a rational, objective and philosophical critique of the theories of mental illness as a social construct and concludes that, though sometimes misguided, they cannot be wholly rejected. This critical scrutiny of a controversial and keenly-debated issue will be of interest to psychologists, social workers, psychiatrists, sociologists and professionals (...) in paramedical disciplines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

A critique of Milton Friedman's thesis that corporate executives have a fiduciary responsibility not to pursue socially desirable goals at the expense of profitability. The author argues that even under a libertarian conception of the nature of corporate property, Friedman's thesis does not follow. In particular, an executive's decision to prize "socially responsible behavior" above profit maximization does not necessarily violate the contractual rights of dissenting stockholders. Whether executives have obligations to refrain from such behavior depends entirely on the (...) content of the contract which actually exists between stockholders and executives. After an examination of the body of legal precedent which informs the content of that contract, the author concludes that there are clearly recognizable circumstances in which executives may legitimately pursue corporate altruism at the expense of profits, stockholder protestations notwithstanding. Since this contractual relationship with management is one in which stockholders have voluntarily engaged, libertarians have no grounds for complaining that the behavior of such executives constitutes a form of theft of the stockholders' property. (shrink)

First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in (...) contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy. (shrink)

Members of some social groups hold other members to have special obligations in virtue of their membership. But is this justified? And if so, how? I argue that there is a deep connection between the structure of certain social groups and some special obligations. The issue, then, is to determine how one might have obligations in virtue of one's membership in a particular group. In this dissertation I argue that groups capable of collective action have, as elements of (...) their structure, interpersonal relations that generate commitments and these commitments, in turn, constitute special obligations. ;I begin by arguing that groups capable of collective action must be able to coordinate or monitor the coordination of the members, and to do so within certain normative constraints. To coordinate members according to these constraints, groups must implement some form of decision procedure, a scheme by which the intentions and actions of individual members of a group are coordinated toward some collective purpose or goal. This coordination requires that in groups capable of collective action, there must be some authority system by which the members are coordinated. This authority system must be able to authorize the implementation of norms through members' practices, endorsements, or sanctions, and to adjudicate conflicts that might arise between constraints. I argue that these authority systems may be largely tacit. ;Members of groups capable of collective action do not, however, acquire obligations because of their commitments to the group per se. Rather, members of such groups acquire obligations because of the nature of the relationships they cannot help but form with one another. Their obligations form because of the commitments they have to one another in virtue of being a part of a group capable of collective action. While these obligations may not constitute all-things-considered normative requirements, they do constitute normative considerations that members of groups need to acknowledge when they determine what they ought or ought not to do. I conclude that insofar as a group is capable of collective action, members of those groups have at least these limited obligations toward one another. (shrink)

Discovering obligations that are ascribed to them by others is potentially an important element in the development of the moral imagination of engineers. Moral imagination cannot reasonably be developed by contemplating oneself and one’s task alone: there must be some element of discovering the expectations of people one could put at risk. In practice it may be impossible to meet ascribed obligations if they are completely general and allow no exceptions — for example if they demand an unlimited duty to (...) avoid harm. But they can still serve to modify engineers’ prior ethics, for example by limiting a purely utilitarian approach to deciding who should bear risk and how much risk they should bear. Ascribed obligations can also give engineers insight into the public reaction to risks that arise from engineered systems, and the consequent expectations that the public have about how much protection is desirable and where the responsibility for this protection lies. This article analyses the case for taking ascribed obligations seriously, and reviews some of the obligations that have been ascribed in the aftermath of recent engineering failures. It also proposes ways in which ascribed obligations could be used in engineers’ moral development. (shrink)

This essay lays out preliminary grounds for an alternative theological approach to animal ethics based on closer consideration of natural law theory and ethological reports of wild justice compared with dominant animal rights perspectives. It draws on Jean Porter's interpretation of scholastic natural law theory and on scientific narratives about the laws of nature to navigate the difficult territory between nature and reason in natural law. In Western societies, attempts to detach from our animal roots have fostered forms (...) of legal provisions that treat animals as property rather than as living, social beings entangled with human societies. (shrink)

No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications. Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by (...) it is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal. This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes. ☆ The publication of this text, in this form, may require some explanation. In what it now appears the very distant June 1989, the Max-Planck-Institut für Geschichte in Göttingen organised an International Workshop on ‘Unsocial Sociability: Modern natural Law and the 18th-Century Discourse of Politics, History and Society’. The proceedings of that Workshop were never published, even though individual contributions have piecemeal appeared since then. My own contribution consisted in a short extract from a chapter from my book Samuel Pufendorf discepolo di Hobbes. Per una reinterpretazione del giusnaturalismo moderno (Bologna, 1990), which appeared in print the following year. For this reason, I considered the separate publication of that intervention as superfluous. Rather naively I underestimated the fact that the publication of my book in Italian restricted its circulation in the Anglo-American academic circles, and even if occasionally quoted, the book would not be much read. Recently, following the solicitations of many friends to present in English part of the theses developed in that book, I had decided to have my intervention at the Göttingen Workshop finally published. After all, this had amply circulated as a manuscript and been cited by many in that form. But while I was planning to revise that manuscript, I was presented with the draft translation of the second chapter of my book done by Dr. Melissa Calaresu of Cambridge University, when she was still a graduate student. It is probably better to leave aside the story of why Melissa did that translation, but I am extremely grateful to her for having allowed me to use it as the basis for this piece, which is therefore a revised version of the second chapter of my Italian book on Hobbes. I have decided to publish it in English with some hesitation, at least for two reasons. First, because with the publication in English of only part of my book I may risk to reinforce a rather simplified interpretation of my work, and consequently of Pufendorf's thought, that his main contribution lies in his doctrine of socialitas and of the state of nature. I am instead firmly convinced that the most important parts of my own work are those that are still untranslated, that is those on the nature of moral obligation and that of moral entities, beside the comparison I make in the second part of the book between the first and the second edition of De iure. Secondly, because during the intervening years I have distanced myself from a conception of the history of philosophy understood as an internal analysis of the texts, and have become more attentive to the context in which to place philosophical texts. I have therefore developed a slight impatience towards the rather nick-picking analysis of texts, which with a certain virtuosism I performed in the book. Nonetheless, since even after so many years I do not believe that the theses I developed in that book have lost their force, I am happy for this partial translation, with some essential bibliographic updating, to appear, in the hope that such theses will be finally discussed for what they are and not on the basis of second-hand reports. I am grateful to Dario Castiglione for his precious help with the final revision of the text, and to Richard Whatmore and Brian Young for their willingness to publish this translation in their Journal. (shrink)

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created (...) by sheer will-human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

This paper examines the development of British psychiatrist and psychoanalyst John Bowlby's views and their scientific and social reception in the United States during the 1950s. In a 1951 report for the World Health Organization Bowlby contended that the mother is the child's psychic organizer, as observational studies of children worldwide showed that absence of mother love had disastrous consequences for children's emotional health. By the end of the decade Bowlby had moved from observational studies of children in hospitals (...) to animal research in order to support his thesis that mother love is a biological need. I examine the development of Bowlby's views and their scientific and social reception in the United States during the 1950s, a central period in the evolution of his views and in debates about the social implications of his work. I argue that Bowlby's view that mother love was a biological need for children influenced discussions about the desirability of mothers working outside the home during the early Cold War. By claiming that the future of a child's mind is determined by her mother's heart, Bowlby's argument exerted an unusually strong emotional demand on mothers and had powerful implications for the moral valuation of maternal care and love. (shrink)

There is an under-appreciated tradition of genealogical explanation that is centrally concerned with social functions. I shall refer to it as the tradition of pragmatic genealogy. It runs from David Hume (T, 3.2.2) and the early Friedrich Nietzsche (TL) through E. J. Craig (1990, 1993) to Bernard Williams (2002) and Miranda Fricker (2007). These pragmatic genealogists start out with a description of an avowedly fictional “state of nature” and end up ascribing social functions to particular building blocks (...) of our practices – such as the fact that we use a certain concept, or live by a certain virtue – which we did not necessarily expect to have such a function at all. That the seemingly archaic device of a fictional state-of-nature story should be a helpful way to get at the functions of our actual practices must seem a mystifying proposal, however; I shall therefore endeavor to demystify it in what follows. My aim in this chapter is twofold. First, by delineating the framework of pragmatic genealogy and contrasting it with superficially similar methods, I argue that pragmatic genealogies are best interpreted as dynamic models whose point is to reveal the function – and non-coincidentally often the social function – of certain practices. Second, by buttressing this framework with something it notably lacks, namely an account of the type of functionality it operates with, I argue that both the type of functional commitment and the depth of factual obligation incurred by a pragmatic genealogy depend on what we use the method for: the dynamic models of pragmatic genealogy can be used merely as heuristic devices helping us spot functional patterns, or more ambitiously as arguments grounding our ascriptions of functionality to actual practices, or even more ambitiously as bases for functional explanations of the resilience or the persistence of practices. By bringing these distinctions into view, we gain the ability to distinguish strengths and weaknesses of the method’s application from strengths and weaknesses of the method itself. (shrink)

Epicurus denies that human beings have natural parental love for their children, and his account of the development of justice and human political community does not involve any natural affinity between human beings in general but rather a form of social contract. The Stoics to the contrary assert that parental love is natural; and, moreover, they maintain that natural parental love is the first principle of social οἰκείωσις, which provides the basis for the naturalness of justice and human (...) political community. The Stoics are, therefore, obliged to refute Epicurus’ denial of the naturalness of parental love in order to support their own theory of social οἰκείωσις; and we have good evidence for the arguments that they employed against the Epicureans on this account. Likewise, the Epicureans are obliged not only to defend their own position but also to undermine the competing Stoic theory of social οἰκείωσις; and the foundational premise of a natural bond between parent and child is an obvious target. However, beyond dogmatically restating Epicurus’ denial of natural parental love, the evidence for the Epicurean line of attack against the Stoics is currently unclear. In this paper I argue that we can go some way towards uncovering it via an analysis of some fragmentary passages from an unidentified work of the Epicurean Demetrius of Laconia that contain a puzzling discussion of Epicurus’ stance on parental love. (shrink)