In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 425-426 [Access article in PDF] Martin Heidegger. The Essence of Human Freedom: An Introduction to Philosophy. Translated by Ted Sadler. London: Continuum, 2002. Pp. xiv + 216. Paper, $29.95.Of the recently translated volumes comprising Heidegger's Gesamtausgabe, perhaps the volume whose importance is most underestimated contains his lectures from the summer semester of 1930 (Vom Wesen der menschlichen Freiheit), which now (...) appears in English under the title On the Essence of Human Freedom. In this work, Heidegger complements his other attempts to retrieve Kant's transcendental philosophy—which primarily focused on reinterpreting the Critique of Pure Reason—by offering the fullest treatment of practical reason to be found in the Gesamtausgabe. As such, this translation of Band 31 of the Gesamtausgabe proves invaluable because it (1) provides another side to Heidegger's critical exchange (Auseinandersetzung) with Kant (198) and (2) yields some tantalizing clues as to a vestige of a Heideggerian ethic which can be developed by examining human freedom.In a lecture course from the winter semester of 1925-26 (Logik: Die Frage nach der Wahrheit), Heidegger turned to Kant's doctrine of schematism in order to distinguish finitude as the key dimension of temporality. From that point until the publication of "Kants These über das Sein" (1961), the importance of retrieving transcendental philosophy surfaces at strategic places in Heidegger's thought, although he devotes most of his attention to unraveling the issue of temporality couched in the Transcendental Analytic of the first Critique. What sets The Essence of Human Freedom apart, however, is that it identifies freedom as a new locus from which to address the possibility of being's disclosure through time, which remains unthought in the Greek concept of ousia as "permanent presence": "The question of human freedom is the fundamental question of philosophy, in which is rooted even the question of being" (203). Human freedom, and the questioning of its finite origin in human existence (Dasein), thereby yields a wider topography within which to re-ask the question of being in light of its connection to time. The topography takes this form: the traditional, or "leading question of philosophy" (what are beings as such?), gives way to the "fundamental question of philosophy" (why is being disclosed through time?), which can be developed only by addressing freedom as the ground of human existence (23).In Part I of The Essence of Human Freedom, Heidegger shows how Kant's modern effort to define freedom epistemically as a form of causation must be recast in light of the ontological concern of the ancients to define movement as a determination of the dynamism of being. In Part II, Heidegger outlines Kant's attempt to establish the possibility of freedom in the Transcendental Dialectic, the enigma of how two apparently incompatible forms of causation—the determinism of nature and the spontaneity of will—can stand in a "double [End Page 425] relation to the same effect" (172). Heidegger offers his own resolution of the third antinomy. He argues that the apparent incompatibility of the preceding causalities can be resolved when reason reconciles itself with its own finitude: leaving open its possibility of serving as a spontaneous cause in the intelligible realm of morality, while restricting the scope of natural causality to the sensible realm of appearances. The need to establish the possibility of freedom must then give way to establishing its actuality as the self-legislative power of the will in the practical domain. "Pure willing is the willing of one's own essence as will.... Thus the fundamental law of a finite pure willing, i.e., of a pure practical reason, is a categorical imperative (190-1). Having then distinguished the occurrence of freedom in its practical domain, Heidegger identifies ethical praxis as the source of actuality for the spontaneous causality of a will, the self-legislation of the categorical imperative. "The factuality corresponding to the idea of freedom is that of praxis" (185). In one of the strongest statements to be found anywhere in his writings in... (shrink)

The realm of freedom actually begins only where labour which is determined by necessity and mundane considerations ceases; thus in the very nature of things it lies beyond the sphere of actual material production. Just as the savage must wrestle with Nature to satisfy his wants, to maintain and reproduce life, so must civilized man, and he must do so in all social formations and under all possible modes of production. With his development this realm of physical (...) necessity expands as a result of his wants; but, at the same time, the forces of production which satisfy these wants also increase. Freedom in this field can only consist in socialized man, the associated producers, rationally regulating their interchange with Nature, bringing it under their common control, instead of being ruled by it as by the blind forces of Nature; and achieving this with the least expenditure of energy and under conditions most favourable to, and worthy of, their human nature. But it nonetheless still remains a realm of necessity. Beyond it begins that development of human energy which is an end in itself, the true realm of freedom, which, however, can blossom forth only with the realm of necessity as its basis. The shortening of the working day is its basic prerequisite. (Marx 1971, 820). (shrink)

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience (...) of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

Self-Ownership, Liberal Neutrality and the Realm of Freedom: New Reflections on the Justification of Basic Income. A review of Axel Gosseries and Yannick Vanderborght (eds), Arguing about Justice: Essays for Philippe Van Parijs.

Fihteova teorija drzave, koja cini integralni deo njegove prakticke filozofije, izgradjena je na kljucnim postavkama njegove metafizike. Stoga, osvetljavanje ovog problema u Fihteovoj poznoj filozofiji treba da podseti s jedne strane na jedan reprezentativan metafizicki projekat drzave velike spekulativne snage, a s druge strane na jedan nacin misljenja o drzavi koji se danas smatra anahronim, nenaucnim, prevazidjenim, te stoga vrednim da bude pominjan kao "negativan primer". Iako pomenute kvalifikacije ne treba sasvim odbaciti ili ih pak, unapred dovesti u pitanje, ipak (...) vracanje Fihteovoj poznoj metafizici drzave ne moze ni u nasem vremenu biti filozofski neproduktivno. Ono danas moze biti od sustinske pomoci svakome ko jos nije pregazen pohodom scjentisticke politologije, svakome ciji je saznajni interes jos uvek dovoljno otvoren za izrazito filozofsko razmatranje drzave, svakome ko zeli da filozofski obogati ili izostri pogled na drzavu. Iako je Fihteova teorija drzave jedinstvena i koherentna, ona je, narocito u svojoj poslednjoj fazi dozivela znacajan preobrazaj. Taj preobrazaj je bio toliko vidljiv da se drzava i u terminoloskom smislu pomera u pozadinu. U Fihteovoj poznoj filozofiji kljucna rec nije vise drzava, vec "carstvo slobode". O drzavi se sada govori, takoreci, intencionalno, svagda s pogledom na to carstvo, na mogucnost i izglede njegovog uspostavljanja. Bez obzira sto je ovaj terminoloski i saznajni primat carstva slobode potisnuo drzavu u drugi plan, on joj, ipak, nije porekao svaki znacaj. Naprotiv. Na putu ka carstvu slobode drzava za Fihtea predstavlja vaznu tacku razvoja preko koje se mora proci. Bas u toj njenoj prolaznosti lezi njena nezaobilaznost. (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm (...) of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

Different from the autonomy of understanding in cognition and the autonomy of practical reason in praxis, the heautonomy in the judgement of taste is reflexive. The reflexivity consists not only in the fact that the power of judgement legislates to its own usage but also, and more importantly, it legislates to itself through its own operative process. This normativity, based on the self-referential structure of pure aesthetic judgement and the a priori principle of subjective, internal purposiveness, can be regarded as (...) a self-discovering and self-flourishing principle that organically grows out of the aesthetic experience and, at the same time, regulates its growth in return. In this scenario, aesthetic freedom can be identified as a third kind of freedom different from Kant’s transcendental freedom and practical freedom – a flexible and living freedom with spontaneous legislation, but not bound by any determinate laws. (shrink)

This paper seeks a better understanding of the role of public reason in alimenting or defusing religious conflicts by looking at how courts apply it in deciding cases arising out of them. Recent scholarship and judicial decisions suggest, paradoxically, that courts can be biased towards either the secular or the religious. This risks alienating both religious majorities and religious and secular minorities. Judicial public reason is uniquely equipped to protect minorities, and its costs to religious majorities may be mitigated by (...) accepting religious morality and identity claims in the political and legislative realm. Despite the political fragilities of judicial public reason, it is not intrinsically hostile to religious claims. It ought in fact to be fully equipped to recognize the equality and religious freedom rights that religious groups and individuals might assert in pursuing exemptions from general secular laws. Judicial public reason does have the potential to defuse religious conflicts, however much it falls short in practice. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires (...) and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift in (...) Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

Regulierung ist ein Kennzeichen für Rationalität bei dem Versuch, Verhaltensweisen im Lichte von Normen zu leiten. Ihre Funktion ist es, sowohl das Verhalten der Individuen in einem bestimmten Bereich ihres Handelns zu koordinieren als auch dieses Verhalten auf wünschenswerte Ziele hin auszurichten. Nach Regulierung wird insbesondere auf neuartigen Feldern sozialen Verhaltens gerufen, so vor allem im Hinblick auf gentechnische Forschung und Praxis. Aber die Genetik ist deshalb ein schwieriger Fall, weil sie Ziele und Werte betrifft, die in hohem Maße kontrovers (...) sind. Darüberhinaus ist schon die Frage, ob und, wenn ja, in welchem Maße der Bereich der Genetik einer Regulierung unterworfen werden sollte, diskussionswürdig. Als ein wissenschaftliches Projekt verlangt die Genetik nach maximaler Freiheit; als eine potentiell gefährliche Praxis erfordert sie gesellschaftliche Eingrenzung. Im vorliegenden Artikel werden die vier Ebenen einer möglichen Regulierung von Genetik diskutiert: die institutionelle, die gouvernementale, die legislative und die internationale. Dabei wird Israel als Testfall für die komplexe Beziehung zwischen diesen Ebenen der Regulierung herangezogen. Aus einer philosophischen Perspektive wird die inhärente Spannung untersucht, die einerseits zwischen der Kraft der theoretischen Argumentation, die oftmals den Gedanken der Freiheit unterstützt, und andererseits dem Druck der praktischen und gesellschaftlichen Überlegungen besteht, die regelmäßig nach einer begrenzenden Regulierung rufen. Diese Spannung wird typischerweise in den verschiedensten Formen von nicht prinzipiengeleiteten Kompromissen aufgelöst, die aus teilweisen Regulierungen, ministeriellen Entscheidungen, zeitweiligen Richtlinien, institutionellen Selbstbeschränkungen und der Unterscheidung zwischen legitimer und illegitimer gentechnischer Praxis bestehen. Damit wird die Regulierung der gentechnischen Praxis zugleich zu einem erhellenden Beispiel für die prekäre Lage der "Angewandten Ethik" zwischen Theorie und gesellschaftlicher Praxis.Regulation is a hallmark of rationality in the attempt to guide behavior in the light of norms. Its function is both to coordinate individuals' behavior in a particular field of action and to subject it to desirable goals. Regulation is called for especially in new realms of social conduct, such as genetic research and practice. Yet genetics is a difficult case since it involves goals and values that are highly controversial. Furthermore, the question whether and to what extent the sphere of genetics should be at all regulated is debatable. As a scientific project it calls for maximal freedom; as a potentially harmful practice it calls for social restraint. The paper discusses the four levels of genetic regulation: the institutional, the governmental, the legislative, and the international. It takes Israel as a test case for the complex inter-relation between these regulative levels. On the philosophical level it demonstrates the inherent tension between the force of theoretical arguments and the pressure of practical and social considerations . This tension is typically resolved in various forms of unprincipled compromise, consisting of partial regulation, ministerial discretion, temporary guidelines, institutional self-restraint and distinctions between legitimate and illegitimate genetic practices. Thus, regulation of genetic practice is an illuminating case of the precarious position of "applied ethics" between philosophical theory and social practice. (shrink)

The article presents the results of the analysis of international legal regulation of the protection of freedom of speech, the right to freedom of expression within the UN and the Council of Europe. A comparative analysis of the definition of the right to express views and beliefs in various international legal acts was made. The case law of the European Court of Human Rights in cases related to the exercise of the right to express one's views and beliefs (...) on the Internet was considered. The analysis of the legislation of foreign countries regulating the right to express views and beliefs online was carried out. The materials of the article are of practical value for scientists and practitioners dealing with the issues of legal regulation of freedom of speech, the right to express views and beliefs, for forecasting and planning scientific research, improving legislation, for higher education teachers in educational activities, as well as for all interested persons. (shrink)

In 1844 Marx held that labor alienation was wholly eliminable, primarily through the abolition of private property. Work in the context of private property was alienating because it was performed for wages and the production of exchange-value. With such purposes, work was experienced as selfish and forced. With the abolition of private property, work would be performed for the production of use-¥alue, to satisfy human needs. With this human purpose, work would be experienced as a free and fulfilling expression of (...) life. (shrink)

This is a philosophical book about the idea of human freedom in the context of Chinese philosophy on truth, the good, and beauty. The book shows that there is a coherent and sophisticated philosophical discourse on human freedom throughout the history of Chinese Philosophy in aesthetics, ethics, and epistemology. Feng Qi discusses the development of freedom in light of the Marxist theory of practice. In the history of philosophy, the relation between thought and existence, which is fundamental (...) to philosophy, has stimulated many debates. These debates, though they have assumed diverse forms in Chinese and Western philosophy, have eventually concentrated on three inquiries: the natural world (the objective material world); the human mind; and the concepts, categories, and laws that are representative forms of nature in the human mind and in knowledge. In Chinese philosophy, the three inquiries are summarized using three notions: qi (气 breath, spirit), xin (心 heart), dao (道 the Way). What relationship do the three notions have with each other? This book explores the way to human freedom through the divergent paths in Chinese philosophy. This book’s investigation of human activities brings the typical Chinese philosophical discourse from the cosmological realm into the realm of human beings as individuals. In this regard, the three inquiries can be described as being about real life, ideals, and individuals. (shrink)

In the Critique of Judgment, Kantattempts to unravel the problem of Übergang that threatens his CopernicanRevolution. Having opened up a ``chasm'' betweensensible and supersensible, betweenepistemological and ontological, Kant facesboth the specter of empirical chaos in whichthe noumenal refuses to conform to theunderstanding's attempts to legislate over themanifold of intuition, and the problem offinding a place for freedom to have effectswithin the seamless phenomenal realm ofefficient causality. Central to Kant's attemptto overcome these problems is his notion of theheautonomy of (...) reflective judging, in whichjudgment subjectively legislates its ownactivity. The net effect of this strategy isto preserve the integrity of the architectonicby permitting judgment use of ontologicalprinciples in regulating its own activity, butalways placing these ontological principlesunder an epistemological ``as if'' that cannot becarried over into the noumenal realm (e.g.,judgment can subjectively operate under theprinciple that the world appears ``as if'' it haspurpose, but this cannot be thought to apply tothe noumenal). Kant shields his architectonicby allowing it to encounter onlyepistemologically neutered noumena. This paperargues that Hick faces an analogousÜbergang problem, explores his``heautonomous'' attempt to blunt the problem,and concludes that the attempt fails, leavingHick with an unresolved problem of``onto-ethical discontinuity.''. (shrink)

In 1844 Marx held that labor alienation was wholly eliminable, primarily through the abolition of private property. Work in the context of private property was alienating because it was performed for wages and the production of exchange-value. With such purposes, work was experienced as selfish and forced. With the abolition of private property, work would be performed for the production of use-¥alue, to satisfy human needs. With this human purpose, work would be experienced as a free and fulfilling expression of (...) life. (shrink)

A clear understanding of the concept of health plays a key role in defining what health care should comprise and in developing adequate strategies for overcoming the current "health care crisis". This volume is the result of an international and interdisciplinary cooperation between medicine and philosophy on the current debate on the concept of health.Besides offering a critical analysis of the WHO definition and a review of both ancient and contemporary conceptions of health, the cooperative effort of physicians and philosophers (...) presented in this book works through the challenges which any definition of health faces, if it is to be both truly personalist, and at the same time operational.The overall purpose of this book is to capture the essentials of human health and to propose the outlines for a personalist understanding of this concept, i.e., a conception that does justice to the personal nature of human beings by introducing dimensions that are essential to personal life and well-being, such as the realms of rationality, affectivity and freedom, the realms of meaning, values, morality, and spirituality, the realms of social and interpersonal relations. To grasp the uniqueness of the human person is not yet to grasp the specific nature of personal health. But it is certainly a first step, and it becomes evident that every theory of human health presupposes a theory of the person. Accordingly, the debate presented in this book is no less a debate about the nature of the human person than it is a debate about the nature of health.The investigations offered in this volume intend to provide an impetus for new conceptions of personhood and human health. The phenomenological approach has the advantage of advocating a systematic conception of the total person which combines surface experiences (subjective experiences of well-being) with deeper dimensions of the person (value and being). An adequate conception of the human person has enormous implications not only for our understanding of what constitutes the health and well-being of the person, but also for our conception of what health care should comprise. Hence, answering the philosophical questions, such as those raised in this volume about health, is crucial for the solution of political problems such as how to legislate health care policy. (shrink)

This chapter develops a theory of categorical normativity, of those principles that have authority over us regardless of our ends and interests. It argues that there is an intimate connection between these norms and the conditions of agency. In this respect, it offers a version of constitutivism. But the version of constitutivism defended is unique in a few respects. First, it is naturalistic: agency is an emergent property, like the properties of biology and economics. Second, it is social: agency is (...) something constructed by the complex interaction of agents. And third, it supports the normativity of a particular contractualist procedure: adhering to Kant’s Formula of the Realm of Ends is a condition on agency, and so a categorical requirement. (shrink)

Knowledge of the world is for the purpose of transforming the world; the history of humankind is created by humankind itself. However, if one has no knowledge of the world then the world cannot be transformed; "without revolutionary theory there can be no revolutionary movement."1 Our high-and-mighty dogmatists 2 are ignorant of this point. It is through the two processes of knowledge and transformation that the realm of necessity will be changed into the realm of freedom. The (...) European philosophers of the past comprehended the truth that "freedom is knowledge of necessity." Marx's contribution lay not in the rejection of this truth, but in recognizing that this truth was incomplete, and his addition of the truth that "the transformation of the world" is founded on knowledge of necessity. "Freedom is knowledge of necessity"-this is the proposition of the philosophers of the past. "Freedom is knowledge of necessity and the transformation of the world"-this is Marx's proposition. It is a poor Marxist who does not understand that knowledge of the world is premised on the transformation of the world, and that the transformation of the world is premised on knowledge of the world. Any Chinese Marxist who does not understand that knowledge of China is premised on the desire to transform China, and that the transformation of China is premised on knowledge of China, is indeed a poor Chinese Marxist. Marx said that man differs from the honeybee in that man has in his mind a design for his house prior to constructing it.3 The house that we will construct is the house of the Chinese Revolution, and we too must firstly have a design for the Chinese Revolution. Not only must we have a grand design, a general plan, we must also have many designs which are subdivisions of the grand design, which are designs on a smaller scale. And these designs can be nothing but the active reflection attained in the practice of the Chinese Revolution of objective, real situations . The reason why our high-and-mighty dogmatists are subjectivists is because their entire design for the revolution, whether on a large or small scale, general or subdivided, is not based on and nor does it conform to objective reality. They have only the subjective aspiration to transform the world, or China, or Northern China, or the cities; they have no presentable plan. Their plan is not scientific, but is subjective and arbitrary, is a complete muddle. Since they have no knowledge whatever of the world and wish to transform it in a rash way, the consequence will not only be that they suffer cracked skulls themselves, but that the masses will also meet the same fate under their leadership. Since these high-and-mighty dogmatists are blind when it comes to the realm of necessity of the Chinese revolution, their presumptuous desire to play the part of the leaders of the people would truly be a case of "a blind man riding a blind horse at the edge of a deep gorge at midnight.". (shrink)

A recently widely accepted view has it that the nature-spirit distinction in Hegel is to be understood as a distinction between a space or realm that is not normative or does not involve norms, and one that is or does. Notwithstanding the merits of this view, it has tended to create a separation between nature and spirit which is both philosophically troubling and difficult to reconcile with the picture of Hegel as the arch enemy of abstract or unreconciled dualisms. (...) In this paper I aim to show that the defining phenomenon for this view—collective self-government by norms—is on Hegel’s account both dependent on living nature that involves normativity broadly conceived all the way down and also subject to the normative or evaluative super-principle of Hegel’s Philosophy of Spirit—concrete freedom—the essence of spirit according to him. This is to say that for Hegel the normativity of collectively administered norms is neither the most basic nor the highest form of normativity. -/- Published online first 27 January 2021. (shrink)

This paper proposes a new account of the relationship between Kant’s ethics and Kant’s philosophy of right. I reject the claim of some philosophers that Kant’s Groundwork of the Metaphysics of Morals cannot offer a foundation for Kant’s philosophy of right. While I agree that the basic principles of Kant’s philosophy of right cannot be deduced from Kant’s ethical Categorical Imperatives, I try to show that we find in Kant’s Groundwork the normative resources for grounding his philosophy of right. My (...) thesis is that Kant’s conception of a realm of ends, as he develops it in the Groundwork, provides a common normative source for Kant’s ethical Categorical Imperatives, on the one hand, and the Universal Principle of Right, on the other. Agreement on common universal principles, which is crucial for Kant’s notion of a realm of ends provides, I will argue, a justification of the ethical Categorical Imperatives and the Universal Principle of Right. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

Kant has made an attempt in his Doctrine of Law to show that the principles of natural Law are a priori principles of pure practical reason. He considers this a necessary step towards establishing the obligating force of positive legislation within a legal system. It is not obvious, however, that Law, which recognizes external coercion as a possible incentive for the compliance with its duties, can be reconciled with pure practical reason, which through the categorical imperative commands that one (...) fulfill duty from the idea of duty and so independently of inclination. Accordingly, it is not clear that there is a systematic and necessary connection between Law and morality for Kant and that he has succeeded in his overall objective of justifying positive Law. ;My dissertation is concerned with the question of how, according to Kant, pure practical reason can allow for juridical legislation, a legislation which admits of an incentive other than the idea of duty for the fulfillment of certain duties. I present criticisms of interpretations according to which Law with its external character cannot be reconciled with morality for Kant. I also discuss some interpretations according to which Law with its duties and legislation is justifiable from the point of view of pure practical reason, either as directly derivable from the categorical imperative or as a means for the realization and protection of the individual's moral freedom. I argue that such accounts do not succeed in explaining the possibility of external coercion for pure practical reason. I do maintain, however, that Law is reconcilable with pure practical reason for Kant, and I offer an explanation of how this is so: an examination of the different classes of duties shows that only juridical duties, or perfect duties to others, are such that reason must recongnize for them a kind of constraint other than free self-constraint and therefore must acknowledge the possibility of juridical legislation for these duties. (shrink)

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way of a subject who is granted (...) such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

"Republicanism" in Kant's political philosophy describes the type of state and the kind of politics demanded by freedom. Thus understood, republicanism expresses the limits of practical reason in politics. ;Kant sets his political thought against Hobbes' empirical description of political individuals, for whom norms arise through imaginative "picturing" of various conditions. For Kant free practical subjects are motivationally independent of sensed objects and possess ability for self-legislation . Kant further maintains that ideas are "regulative", not constitutive, of human (...) understanding, such that correct use of them requires knowledge of their "principles." ;Because autonomy governs internal determinations, it cannot be the principle of republicanism, which as a matter of "right" concerns actions in their external aspect alone. Actions are subject only to moral possibility, or "permission". Kant's "permissive law" can be understood as law only if moral obligation is distinguished from the specification of duty, a distinction drawn by Achenwall, who influenced Kant. Right built on "permission" connects "first taking" and "intelligible possession". This explains two notions permeating Kant's political writings: obedience to state authority as such, and skepticism regarding any identification of existing arrangements with the idea of a perfectly rightful state. ;Thus conceived, right legitimizes various constitutions. The republican idea and its principle of "representation" are civil elaborations of permission's skeptical aspect. State authority represents the "universal united will", and cannot legitimately be resisted. ;This interpretation faces two challenges. One is unreserved cosmopolitanism, the claim that no right is conclusive without global authority. However, this position misinterprets "permission" as a preliminary violation of right, and therefore not as law. Secondly, the state may be seen as "rightfully" constituted for "fairness". This mistakenly attributes to Kant a Hobbesian view of individuals, and employs ideas not according to their principles , but in a direct, "pictorial" manner . ;Kant's "republicanism" is not an institutional arrangement but a principle of governance. The republican idea is the condition of the possibility of gradual, nonrevolutionary progress. Kant's "permission"---through its lack of specification and its deference to existing authority---is the expression of freedom in external contexts and the foundation of properly critical politics. (shrink)

The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out various ways in which (...) judicial review at common law has influenced understandings of the Charter, as well as the manner in which the Charter has influenced review of administrative decisions when a Charter right is clearly at stake. The influence runs in both directions, and has significant implications for judicial review of both the procedure and substance of administrative action. In the realm of procedure, the courts rely on the common law doctrine of procedural fairness to interpret the principles of fundamental justice set out in s. 7 of the Charter. However, when courts review the substance rather than the procedural aspects of a decision that engages a Charter right, they tend to review the decision using the analytical framework developed in R. v. Oakes for testing the validity of legislation. Taken together, these general features of the relationship between Charter jurisprudence and administrative law suggest that each is porous and open-textured to the other. Put another way, the relationship between the Charter and administrative law exhibits a cross-fertilization of principles and approaches which inform judicial review of administrative action. (shrink)

This article argues that the aesthetics of the oppressed—a series of artistic practices elaborated by Augusto Boal (1931-2009) that comprises the theatre of the oppressed, the rainbow of desire technique, and legislative theatre—utilizes art in order to resist epistemic injustice and promote democratic freedom.

There is probably no conceptualization of rights more famous than Ronald Dworkin’s claim that they are “trumps.” This seems to stand in stark contrast to the dominant, proportionality-based strand of rights discourse, according to which rights, instead of trumping competing interests, ultimately have to be balanced against them. The goal of this article is to reconcile Dworkin’s work and proportionality and thereby make a contribution to our understanding of both. It offers a critical reconstruction of Dworkin’s theory of rights which (...) does away with the misleading label of rights as “trumps” and shows that, far from being in conflict with proportionality, properly understood Dworkin’s work supports and supplements that doctrine and provides a much-needed account of its moral foundation as being about human dignity, freedom, and equality. (shrink)

_Dialectic_ is now widely regarded as a classic of contemporary philosophy. This book, first published in 1993, sets itself three main aims: the development of a general theory of dialectic, of which Hegelian dialectic can be seen to be a special case; the dialectical enrichment and deepening of critical realism, viz. into the system of dialectical critical realism; and the outline of the elements of a totalizing critique of Western philosophy. The first chapter clarifies the rational core of Hegelian dialectic. (...) Chapter two then proceeds to develop a general theory of dialectic. Isolating the fallacy of 'ontological monovalence', Roy Bhaskar then shows how absence and other negating concepts such as contradiction have a legitimate and necessary ontological employment. He then goes on to give a synoptic account of key dialectical concepts such as the concrete universal; to sketch the further dialectical development of critical naturalism through an account of what he calls four-planar social being; and following consideration of the dialectical critique of analytical reason, he moves on to the real definition of dialectic as absenting absence and in the human sphere, the axiology of freedom. Chapter three extends and deepens critical realism’s characteristic concerns with ontology, science, social science and emancipation not only into the realms of negativity and totality, but also into the fields of reference and truth, spatio-temporality, tense and process, the logic of dialectical universalizability and on to the plane of ethics, where it articulates a combination of moral realism and ethical naturalism, whereby consideration of elemental desire involves commitment to the eudaimonistic society. This is then followed by a sublime discussion of key moments in the trajectory of Western philosophy, the tradition of which can now be seen to be based on what the author calls the unholy trinity of the epistemic fallacy or the reduction of being to knowledge, primal squeeze or the collapse of structure and alethic truth, and ontological monovalence. (shrink)

Contemporary critiques of the administrative state are closely bound up with the distinctively American doctrine that republican freedom requires that the legislative, executive, and judicial powers be exercised by separate and distinct branches of government. The burden of this essay is to argue that legislative delegation and judicial deference to the administrative state are necessary, or at least highly desirable, features of a democratic separation of powers regime. I begin by examining the historical and conceptual roots of the separation (...) of powers doctrine, paying particular attention to the unique way in which it was adapted to fit the American case. I then examine three concerns that the resulting constitutional system raises about the republican freedom of those who are subject to it—which I call the accountability, legitimacy, and stability concerns—and argue that the administrative state is a useful, albeit imperfect, tool for reducing the unavoidable tension between these concerns. The thrust of this discussion is to push us away from “in principle” objections to the administrative state, and back toward the kinds of prudential considerations that are associated with ordinary liberal politics. More importantly, the aim of the essay is to encourage sober reflection on the real dangers that face the American constitutional system under current circumstances. (shrink)

Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...) law. Catholic priests, should this plan that is currently under discussion be implemented, were obliged to disclose the knowledge gained in confession to law enforcement authorities. The canonical consequence of such a breach of the confessional secret would be excommunication. In such cases priests therefore would only have the choice between breaking the law (which would probably also be punishable under criminal law) and excommunication, with all the resulting disadvantages. In this paper, the canonical law rules regarding confession are presented before the provisions relating to the confessional secret in § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 383 para. 1 No. 4 of the Code of Civil Procedure and § 139 para. 2 of the Criminal Code are discussed. Specifically, the question is raised as to whether a duty of priests to co-operate with the law enforcement authorities may be established by law. Here in particular the protection of the confessional secret under the protection of freedom of religion under Article 9 of the European Convention on Human Rights will be discussed. It has to be noted however that the protection afforded by Article 9 of the European Convention on Human Rights extends far less than the scope of § 53 para. 1 No. 1 of the Code of Criminal Procedure, § 129 para. 2 of the Criminal Code and § 383 para. 1 No. 4 of the Code of Civil Procedure, as Art. 9 ECHR only protects the confessional secret as far as it is required from a religious point of view, but not a general pastoral secret. The article then includes a discussion on the limitations of Article 9 ECHR. Limitations of Article 9(1) ECHR on religious freedom under Article 9(2) ECHR are only permitted if they are prescribed by law and necessary in a democratic society for the protection of public order, health, morals or the rights of others. This is discussed against the background of the legislative goal of more effective law enforcement. As a result, a limitation of the protection of confessional secret through normal (sub-constitutional, domestic) laws, despite the understandable goal of more effective law enforcement, is not compatible with Article 9 of the ECHR. (shrink)

In Western literatures, "conflict" is a general term that refers to discord between two or more entities. In Islamic jurisprudence, however, in addition to the term "conflict", there is another term which is called tazāhum. The two terms, however, have different definitions. Conflict between two concepts, for instance, indicates that one is right and the other is wrong, while tazāhum does not necessarily have to be between right and wrong, and may appear between two equally right concepts. Moreover, conflict exists (...) on a legislative level, while tazāhum is a matter of obedience and adherence, meaning that in practice, both sides cannot continue to coexist. Conflict of interest is a known term in Western literatures, and according to D.F. Thompson, it refers to a situation where professional judgment regarding a primary interest is improperly and unjustifiably influenced by a secondary interest. Taking into account Thompson's definition and the distinction between "conflict" and "tazāhum", the English term "conflict of interest" translates to "tazāhum of interest" in Islamic jurisprudence as it refers to a person's action without reflecting right or wrong, and simply concerns priority of one interest over another. The resolution to tazāhum in Islamic jurisprudence lies in two principles: the principle of significance and the principle of choice. For instance, in case of conflict or tazāhum between the interests of patient and physician, the patient's interest should be the main concern based on the principle of significance. Although Western literatures propose methods such as disclosure or prohibition in order to resolve conflict of interest, the foundation for these solutions seems to have been the principle of significance. (shrink)

Jeremy Bentham's work on The Principles of Morals and Legislation emerges from its historic roots in hedonism and teleology as a scientific attempt to assess the moral content of human action by focusing on its results or consequences. Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is (...) to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions. Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom. The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century. (shrink)

During the First World War Russell frequently complained about unwarranted encroachments by the wartime state on the sphere of individual freedom. He experienced such encroachments very directly. The Defence of the Realm Act (dora) was the legal instrument through which most official reprisals were visited on him—punitive meas­ures arising from his dogged support for conscientious objectors and a negotiated peace. Under this emergency legislation he was twice convicted and had his freedom of movement curbed. This harsh (...) treatment is well known, but the literature on Russell has not yet systematically examined his relationship with this “other DORA”. Using the Russell Archives, his Collected Papers, and government records in the UK’s National Archives, this paper seeks to establish the legal, administrative and political contexts in which he was prosecuted and sanctioned extra-judicially, and where he sometimes benefitted from DORA’s formidable powers being set aside. (shrink)

ABSTRACT Recent developments in generating gametes via in vitro gametogenesis (IVG) from induced pluripotent stem cells (iPSCs) and their successful use for reproductive purposes in animals strongly suggest that soon these methods could also be used in human reproduction. At least two questions emerge in this context: (a) if a legislator should permit their use and (b) if ethical claims emerge that support their provision, e.g., by public health care systems. This urges an ethical reflection of the new reproductive options (...) this technique might offer. Since the concept of reproductive freedom is a key aspect for the ethical evaluation of artificial reproductive technologies (ARTs), it is necessary to analyze if the new possibilities emerging from IVG fall within the scope of this concept. The results may constitute a morally relevant difference between different imaginable applications of IVG and potentially justify differences in claims to access this technology. (shrink)

Modern social orders are legitimized by the ideal of freedom. Most conceptions of this ideal are theorized against the backdrop of nature understood as governed by its own laws beyond the realm of the social. However, such an understanding of nature is now being challenged by the ‘Anthropocene’ hypothesis. This article investigates the consequences of this hypothesis for freedom as an ideal legitimizing social order. We begin by discussing the conception of legitimation, after which we examine three (...) classical notions of freedom (developed by Hobbes, Kant, and Hegel), in light of the Anthropocene. Following our claim that these notions all have severe weaknesses in view of the Anthropocene, we argue that modern social orders are facing a new legitimation crisis. Such a crisis, we suggest, involves a ‘brutalization of social conflicts’, which under the conditions of the Anthropocene assumes the form of geo-social conflict. (shrink)

This article explores some of the benefits and pitfalls of applying rights language and legislation to the debate over whether to consecrate women as bishops in the Church of England. Secular feminists have pointed out tensions between the concept of women's rights and religious freedom which highlight conflicts in law between religious and gender identities. Women priests have not, as yet, used equal opportunities legislation as a tool to allow women to be consecrated as bishops and faith (...) communities are exempt from this legislation. Wood argues that this exemption is not entirely `safe' due to the established status of the Church of England but the question remains as to whether equal opportunities legislation is the best basis for consecrating women as bishops. (shrink)

What is freedom without the ability to wonder and imagine new ways of being in the world? This question is at the heart of the works and contributions of Frantz Fanon and James H. Cone in their responses to the colonialities operating in the Black world, and the appropriate response to such colonialities through the medium of strategic alliances and a theological imagination of what it means to be human that is oriented towards blackness itself. However, since blackness is (...) a production of white gaze, it is intended to embody pathologies of dehumanisation. Fanon and Cone do not shy away from shedding light on these pathologies. However, rather than slipping into the realm of nihilism, a pneumatological turn is articulated that allows for blackness to be a medium of encountering the gift of authentic humanity that is in solidarity with God's epiphany of life in the world. Fanon's and Cone's centring of rebellion as the pathway for an embrace of an anthropology of freedom is retrieved as a way of understanding the link between hope and a rich reading of anthropology of freedom that blackness evokes. (shrink)

Although it is fully developed in ​ Philosophy of the Spirit, more precisely in the ​ Philosophy of Right, the concept of freedom is rooted in the ​ Science of Logic, namely, in the very core of the Hegelian system. And it could be no different, since Logic finds its high point in the Doctrine of Concept and Concept is conceived as the “realm of subjectivity or of freedom”. Disagreeing with the contemporary attempts at thematizing the concept (...) of freedom disconnected from Hegel’s metaphysics, as in Honneth, or in Pippin, the resent article seeks to examine the meaning taken on in the heart of the Hegelian system, to evaluate its potentials and its limits. (shrink)

The essay responds to a challenge posed by Vanessa MacDonnell and examines the question of stability and change under the global model of constitutional rights. Constitutionalism offers the promise of both stability and justice, but it may seem that there will often be a tension between these values. While some have accused the global model, and in particular proportionality, of overemphasizing justice at the cost of stability, MacDonnell claims that it underemphasizes the necessity of social change. In this response, I (...) argue that in the long run the push for social change and towards justice can be realized only when there is also a certain stability, namely the stubborn democratic insistence that any state action must be reasonably justifiable to those affected by it in terms of their freedom and equality. This conviction lies at the core and will be reinforced by the endorsement of the global model of constitutional rights. (shrink)

The democratic transformations that have taken place in our country since independence have laid the foundations for new state-church relations. The relations between the state and the Church in this situation have acquired fundamentally new qualities, which, unlike the past, are characterized by a generally stable partnership, mutual respect and cooperation. Such relations are enshrined in the Constitution of Ukraine, the Law of Ukraine "On Freedom of Conscience and Religious Organizations", other legislative acts and international legal agreements.