Normal 0 21 false false false ES-CO X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} In this paper the aim is to reconstruct the rationale of moral autonomy in Hermann Cohen´s ethics. In order to achieve this aim, I consider the complexity of the concept of moral autonomy at its four levels. (...) Mi hypothesis is that Cohen´s argumentation goes from the formal abstraction of the self-legislation to the concrete moment of the selfpreservation. I analyze then Eggert Winter´s critic of Cohen´s concept of moral autonomy, who questions the integration of the levels of the particularity and the universality in this fundamental moment of the theory. Against Winter I argue that Cohen´s process of argumentation succeeds in connecting the different levels of the concept of moral autonomy. (shrink)

This paper sketches elements of a theory of the ethics of autonomised harming: the phenomenon of delegating decisions about whether and whom to harm to artificial intelligence (AI) in self-driving cars and autonomous weapon systems. First, the paper elucidates the challenge of integrating non-human, artificial agents, which lack rights and duties, into our moral framework which relies on precisely these notions to determine the permissibility of harming. Second, the paper examines how potential differences between human agents and non-human, artificial agents (...) might bear on the permissibility of delegating life-and death decisions to AI systems. Third, and finally, the paper explores a series of resulting complexities. These include the challenge of weighing autonomous systems’ promise to reduce harm against the intrinsic value of rectificatory justice as well as the peculiar possibility that delegating harmful acts to AI might render ordinarily impermissible acts permissible. By illuminating what happens when we extend normative theory beyond its traditional boundaries, this discussion offers a starting point for assessing the moral permissibility of delegating consequential decisions to non-human, artificial agents. (shrink)

Katherine Eggert explores the crumbling state of humanistic learning in the sixteenth and seventeenth centuries and the benefits of relying on alchemy despite its recognized flaws.

This paper challenges one line of argument which has been advanced to justify imposing risks of collateral harm on prospective beneficiaries of armed humanitarian interventions. This argument - the ‘Beneficiary Principle’ - holds that non-liable individuals’ immunity to being harmed as a side effect of just armed humanitarian interventions may be diminished by their prospects of benefiting from the intervention. Against this, I defend the view that beneficiary status does not morally distinguish beneficiaries from other non-liable individuals in such a (...) way as to permit exposing them to greater risks of being harmed. The argument proceeds in four steps. I first show that the BP can neither be grounded in liability-based nor in lesser-evil justifications for harming. I then argue that a standalone justification for unintended harming based on beneficiary status would face at least two critical challenges. The first concerns the BP’s applicability to collectives; the second questions the normative weight we can plausibly ascribe to beneficiary status when beneficiaries are such by virtue of being victims of wrongful threats of harm. I argue that standing to benefit is morally irrelevant when the benefit consists in the mitigation or prevention of wrongful harms, and consequently suggest that the BP may only serve as a distributive principle in allocating risks of harm if it is disambiguated in a number of critical aspects and applied in a more narrowlydefined set of circumstances. (shrink)

This paper examines whether the prospect of compensation may render otherwise disproportionate harms proportionate. It argues that we should reject this possibility. Instead, it distinguishes duties of compensation as a requirement of rectificatory justice from a harm’s degree of compensability, and argues that only the latter is relevant to proportionality. On this view, failing to compensate constitutes a distinct wrong, while harms that are not adequately compensable carry extra weight in proportionality calculations. This explains how the prospect of compensation affects (...) permissions to harm, without relying on the dubious assumption that disproportionate harms may be rendered proportionate by future compensation. (shrink)

This paper defends the possibility of dirty hands against the longstanding skepticism that an action cannot be simultaneously right and wrong and that dirty hands cases are therefore impossible. While skeptics are right to recognize that prima facie reasons against violating moral duties may be overridden, they are wrong to deny that actions required by necessity may nevertheless remain wrong. Dirty hands cases capture the simultaneous necessity of disregarding moral duties in certain circumstances and the reprehensibility of wronging people even (...) in cases in which this is all-things-considered permissible. Rather than indicating any deficiency in our moral reasoning, the capacity to accommodate the possibility of dirty hands, along with the reality of moral conflict, is a strength of a moral theory. (shrink)

This paper illuminates a typically obscured ground for rectificatory obligations: harms justified as ‘lesser evils.’ Lesser-evil harms are not the result of overall morally prohibited acts but of acts permissibly carried out to prevent significantly greater harm. The paper argues that harms caused as unintended side effects of acting on lesser-evil justifications, notably in military rescue operations, may give rise to claims to compensation, even if (1) the military acts that caused the harms in question were justified on lesser-evil grounds (...) and (2) the victims in question are no worse off as a result; they may even owe their survival to the act of rescue. The paper defends three claims. First, being better off as a result of a harmful rescue than one would otherwise have been does not preclude claims to be compensated for harms suffered as a side effect. Second, identifying the relevant counterfactual for purposes of compensatory justice is sometimes a prescriptive, rather than a descriptive, matter. Rather than relying on empirical speculations about what _would_ have happened had a harm not occurred, we must, in certain cases, consider what agents _ought_ to have done. Finally, duties of compensation need not fall on those who caused the to-be-compensated harms. That infringing rights is permissible in certain cases does not imply that no compensation is owed, but merely that it is not necessarily rights-infringers on whom duties of compensation fall. (shrink)

In this paper, I will argue that ageing can be construed as disease. First, the concept of disease is discussed, where the distinction is made between two lines of thought, an objectivist and a subjectivist one. After determining the disease conception to be used throughout the argument, it is proposed that senescence could be seen as disease. Three common counterarguments are discussed, none of which appears strong enough to effectively counter the advocated view. In the third section, two potential implications (...) of the view advocated here will be briefly touched upon. These are the quest for a cure or treatment for ageing and the general attitude towards the elderly. It is concluded that, utilizing an objective disease concept, ageing could be seen as a disease. None of the considered counterarguments packs enough of a punch to discard this. The implications are complex and intertwined, but need not be negative. (shrink)

We live in a world in which scientific expertise and its epistemic authority become more important. On the other hand, the financial interests in research, which could potentially corrupt science, are increasing. Due to these two tendencies, a concern for the integrity of scientific research becomes increasingly vital. This concern is, however, hollow if we do not have a clear account of research integrity. Therefore, it is important that we explicate this concept. Following Rudolf Carnap’s characterization of the task of (...) explication, this means that we should develop a concept that is (1) similar to our common sense notion of research integrity, (2) exact, (3) fruitful, and (4) as simple as possible. Since existing concepts do not meet these four requirements, we develop a new concept in this article. We describe a concept of epistemic integrity that is based on the property of deceptiveness, and argue that this concept does meet Carnap’s four requirements of explication. To illustrate and support our claims we use several examples from scientific practice, mainly from biomedical research. (shrink)

This paper examines the necessity requirement in cases in which more than one defensive agent could avert the same threat of harm. It argues that the most compelling view of necessity is one that seeks to minimize harms by extending the constraint across agents pursuing the same defensive aim. Whether it is necessary, and to that extent permissible, for one agent to use defensive force may depend on whether another agent is likely to avert the same threat in a less (...) harmful manner. This conception of necessity, however, seeks only to minimize harms in pursuit of a specific aim; it does not tell us which one of several ends to pursue based on how harmful different acts of rescue would be. This throws new light on the ethics of using defensive force in situations in which agents do not act alone. (shrink)

Up until the present day, Confucianism has been a major factor in the normative discourses of East Asia. At first glance, it has sided with the preservation of the old and against innovation, according to Confucius’s self-declaration that he “only transmits and creates nothing new.” This also describes the historical role that Confucianism in distinction to other philosophies has actually played over long stretches of time. Nevertheless, Confucian ethics contains structural features, figures of thought and ideas which point beyond mere (...) traditionalism. They reflect the deep crisis of tradition against the background of which Confucianism came into existence and which has left its mark on it. They could set free a dynamic that made it possible to distance oneself from the Confucian tradition within this tradition itself and open it up to something new, if not in terms of its creation then at least in terms of its acceptance and support. This potential also intrinsically relates to the possibility of a “modern” Confucianism. The following three short essays do not claim to give a comprehensive account of the outlined problematique. It is only intended to throw a light upon some of the corresponding thought formations that developed in ancient China and explore by a few examples the extent to which the said potential has actually been realized in later Confucian discourse in Korea and Japan, assuming that border crossing might be among the factors to unleash it. (shrink)

Recent debates about supererogatory rescues have sought to explain how it can be wrong to perform a suboptimal rescue although it would be permissible not to rescue at all. This paper proposes a new solution to this puzzle. It argues that existing accounts have neglected two critical considerations. First, contrary to what is commonly assumed, a rescue’s supererogatory nature has no bearing on the duties that apply to agents who rescue in supererogatory fashion. Second, we cannot justify harms caused as (...) a side effect of supererogatory rescues by appealing to the fact that it would have been permissible not to rescue at all. Ultimately, the paper proposes, the same duties that apply in cases in which rescuing is required also apply in cases in which rescuing is supererogatory. A rescue’s supererogatory nature, it turns out, is not the game changer we thought it was. (shrink)

This paper examines what prevents us from legally enforcing the moral imperative of protecting human rights during military operations carried out for distinctly humanitarian purposes. The answer, I argue, lies not in familiar objections to bringing the law into greater congruence with morality, but in international law's indeterminacy regarding the use of force. Preserving stability within the nascent international legal system comes at the cost of a law that eschews the protection of individual rights even in cases in which the (...) protection of human rights is what justifies military action. The tension between state sovereignty and the protection of human rights thus not only generates well-known controversies about the lawfulness of military intervention. It also prevents us from devising laws to protect human rights during wars whose very purpose it is to stop human rights violations. Protecting human rights during humanitarian interventions may thus remain an undertaking as quixotic as it is morally urgent. (shrink)

This paper defends revisionism against a challenge: that it cannot convincingly hold that many instances of killing in war are morally wrong but should nonetheless remain legally permissible. The paper argues that we should view the relationship between the morality of war and the laws of war as analogous to the relationship between fundamental principles and rules of regulation in debates about theories of justice. This yields a fresh justification for the law’s divergence from morality, which absolves revisionism from the (...) twofold charge of being at once irrelevant and incoherent. It also helps clarify persisting ambiguities concerning the contrast between war and ‘ordinary life,’ the contested notion of a ‘deep morality’ of war, and revisionism’s relationship to ideal and non-ideal theory. (shrink)

The French medical context is characterized by institutionalization of the ethical reflection in health care facilities and an important disparity between spaces of ethical reflection. In theory, the healthcare professional may mobilise an arsenal of resources to help him in his ethical reflection. But what happens in practice? We conducted semi-structured interviews with 22 health-care professionals who did and did not have recourse to clinical ethical committees. We also implemented two focus groups with 18 professionals involved in various spaces of (...) ethical reflection in order to let them debate about a better way to organize ethical reflection in their institutional contexts. The qualitative analysis allows to us to underline the coexistence of different conceptions of ethics among health care professionals. We also observed that the participants in our study shared the experience of ethically problematic situations as roadblocks in the process of communication and decision-making. We therefore report the factors which favour or inhibit the ethical course leading to the resolution or at the very least soothing of the situation at hand. Finally, we discuss methodological issues and underline the fact that while the patient is at the heart of the professional’s ethical preoccupations, this does not imply that they are actors in decisions that concern them. (shrink)

Les falsifications idéologiques qui voient dans la puissance le seul déchaînement de la nature, des pulsions et des forces de domination, mobilisent la volonté et les instincts les plus agressifs pour les mettre au service de leur idéal de maîtrise. Vouloir la domination, telle est bien l'interprétation de la puissance que se font les impuissants. Cette interprétation a pour elle la force de l'évidence car c'est toujours la maîtrise, comme fonctionnement institué de la puissance, que nous percevons d'un œil grossier. (...) Les lectures réactives de Nietzsche se trouvent ainsi piégées lorsqu'elles mettent en avant certaines " valeurs nietzschéennes ". Elles ne font que révéler l'idéal de maîtrise qui anime leurs interprétations de la volonté de puissance. Elles oublient de se voir fonctionner en Nietzsche. Inutile pour cette raison de chercher la Grande Politique de Nietzsche dans un programme ou une institution. L'institution des valeurs se fait toujours au détriment de la puissance active d'évaluation individuelle. Alors que les lectures réactives de Nietzsche réduisent l'expression de cette puissance d'évaluation à un non-lieu, les lectures actives de Nietzsche en font une force de libération. De cette force, recouverte ou occultée par les plus grands interprètes de Nietzsche, dépend l'actualité critique d'une pensée pour tous, une pensée dont personne ne peut se prévaloir d'en être le seul maître. (shrink)

In formal semantics, structure is treated as the essential ingredient in the creation of sentence meaning from individual word meaning. This book introduces some of the foundational concepts, principles and techniques in the formal semantics of natural language and outlines the mathematical principles that underlie linguistics meaning. Using English examples, Yoad Winter presents the most useful tools and concepts of formal semantics in an accessible style and includes a variety of practical exercises so that readers can learn to utilize (...) these tools effectively. For readers with an elementary background in set theory and linguistics or with an interest in mathematical modelling, this fascinating study is an ideal introduction to natural language semantics. Designed as a quick yet thorough introduction to one of the most vibrant areas of research in modern linguistics today this volume reveals the beauty and elegance of the mathematical study of meaning. (shrink)

In this article, we integrated the data of four inquiries, concerning various activities and features, computing the relations between all these quantitative variables by partialcorrelation and multiple regression techniques.Remarkably, the most determing factor of the amount of preference votes of a candidate seems to be his various activities in parliament.His clientelist activities and his personal electoral campaign influence also, but in a lesser way, the cast of these votes. Parliamentary seniority correlates positively with the number of cumulated offices, which in (...) turncorrelates with the extent of his electoral campaign. The attendance of a representative during the committee meetings and during the plenary voting sessions seems not at all to be influenced by this cumulations of various offices, and only slightly by bis clientelist occupations. This general pattern of parliamentary behavior differs considerably between parties. Finally, the effect of each particular branch ofextraparliamentary offices on the other activities of each member was examined. (shrink)

The lists of candidates, proposed by the parties for the Belgian general elections, is quite determinative. Due to electoral code arrangements, and, notwithstanding the growing proportion of preference votes, only thosecandidates who are placed within the «necessary sequence» of the lists get actually elected. Consequently, the Belgian voter does not appointthe mandataries, hut only the number of mandates due to the several parties.The statutes of the three major Belgian parties, provide large participative opportunities for their members, through the so-called general (...) member polls. In this kind ofprimary system, all party members are franchised to elect the candidates for their party-lists.The elections of the past twenty years show a growing tendency to deviate from these statutary guaranteed participation. In 1958, 89 % of all representatives were placed on their party-lists by general member polls; in 1978, only 10 %. Thus, the conclusive phase of the composition of the partylists has become, since 1958, increasingly a matter where only the national or federal party executives and councils decide upon. (shrink)

The Belgian political system is of ten qualified as a particracy, this is a variation of the classical parliamentary democracy, in which political parties dominate the political decision-making process more than the other subsystems, such as parliament, the government, the public administration, the judiciary power, the broadcasting institutions, the written press etc. This preponderancy is achieved by the partypolitisation of the positions in and the functio ning of these subsystems.Partyleaders exert nowadays a major influence on the constellation of a new (...) government and the designation of its ministers. Through the governmental program and special extraparliamentary pacts they map out more and more government's future policies. The ministerial cabinets execute the control over the public administration on behalf of the parties of the majority and aften take over some of its peculiar functions. The recruitment of public servants and their promotion depend highly upon the institutionalized patronage of the governmental parties.The power to select the candidates for the general elections has shifted away from the rank-and-file member to the local and national partyleaders.Partydiscipline is one of the major causes of the shift of the government making function, the legislative and controlling functions of parliament to the party headquaters.The recruitment and the promotions of magistrates was already before World War II largely politicized.Although the structural integration between the newspapers and parties has decreased since 1945, the political parties have strengthened their control over the designation of the diree:tors and administrators of the Belgian broadcasting institutions. (shrink)

A well-known problem in the health sciences is the distorted research agenda: the agenda features too little research that is tailored to the health problems of the poor, and it features too little research that supports the development of other solutions to health problems than medicines . This article analyzes these two sub-problems in more detail, and assesses several strategies to deal with them, resulting in some specific recommendations that indicate what governments should do to make the research agenda in (...) the health sciences less distorted. (shrink)

Resumen: El siguiente artículo presenta la formulación del concepto identidad cultural regional, a partir de una selección del aspecto mental de la cultura, lo que dio como resultado una definición discursiva narrativa de identidad cultural regional. Para esto se presentan fundamentos metafísicos, lingüísticos e históricos, y una contextualización compuesta de definiciones de identidad cultural, identidad cultural latinoamericana e identidad cultural regional. Respecto de esta última, se presentan aplicaciones al estudio de la Identidad Cultural de la Región de los Ríos, debido (...) a las características de este territorio como nueva región. El concepto resultante describe el fenómeno como un sentido del ser regional presente en la semiosfera cultural, formando parte de la memoria y del imaginario colectivo, manifestado en el modo de la unidad temática de una narración histórica coherente y ordenada, progresivamente más compleja y heterogénea, que combina la progresión lineal de los subtemas y el tema constante de la identidad cultural regional.: The following article presents the formulation of the concept of regional cultural identity, based on a selection of the mental aspect of culture, which resulted in a narrative discursive definition. For this, metaphysical, linguistic and historical foundations are presented, and a contextualization composed of definitions of cultural identity, Latin American cultural identity and regional cultural identity. Regarding the latter, applications to the study of the Cultural Identity of the Region de los Rios are presented, due to the characteristics of this territory as a new region. The resulting concept describes the phenomenon as a sense of the regional being present in the cultural semiosphere, forming part of the collective memory and imaginary, manifested in the way of the thematic unity of a coherent and ordered historical narrative, progressively more complex and heterogeneous, which combines the linear progression of the subthemes and the constant theme of regional cultural identity. (shrink)

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and (...) interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process of political cooperation and contestation. Legitimacy can arise only from the practice of democracy itself – that is, self-governance under conditions that realistically accord equal recognition and respect to all participants. Law is not some abstract entity or prior fixation, special and above. It is not, as Michelman once said, ‘an autonomous force’ that provides ‘an external untouchable rule of the game’. It is just another social institution or performative practice that does (or does not) reflect our democratic nomos. To be committed, as a strong democrat, to the rule of law is to be committed to the idea that we make the rules by which we govern ourselves. Equal voice, equal power, and equal law are just self-government. They are internal to – that is, constitutive of – the game. They are not untouchable; indeed, they are being manhandled every day. But they nevertheless describe a democratic constitution that fully legitimates itself in its performance. (shrink)

Name der Zeitschrift: Kierkegaard Studies Yearbook Jahrgang: 2016 Heft: 1 Seiten: 121-138.

This study examined whether supermarkets can be considered patches in the marginal value theorem (MVT) sense despite their particular features and whether they are models of human food foraging in resource-dense conditions. On the basis of the MVT, the quantitative relationship between gains in the Euro and patch residence time was modeled as an exponential growth function toward an upper asymptote, allowing the choice of an optimal strategy under diminishing returns. N = 61 participants were interviewed about their current shopping (...) trip and contextual variables at a German supermarket and provided data to estimate relevant model parameters. A nonlinear model of the patch residence time and resulting gain based on an exponential function was fitted via nonlinear orthogonal distance regression. The results generally revealed the relationships predicted by the model, with some uncertainty regarding the estimation of the upper asymptote due to a lack of data from participants with long residence times. Despite this limitation, the data support the applicability of the MVT-based model. The results show that approaches from optimal foraging theory, such as the MVT, can be used successfully to model human shopping behavior even when participants’ verbal reports are used. (shrink)

Resumen: Este artículo tiene como propósito interpretar los pensamientos de Karl Jaspers y Martin Heidegger con los parámetros amalgama y sinergia de Cristóbal Holzapfel, y a partir de estos derivar proyecciones hacia la ontoepistemología de las ciencias sociales y humanas. Para esto se lleva a cabo un análisis comparativo entre las principales estructuras existenciales del esclarecimiento existencial presente en "Filosofía II" de Jaspers y la analítica existencial presente en "Ser y tiempo" de Heidegger. A partir de las amalgamas evidenciadas entre (...) ambas analíticas se deducen determinados existenciales que son analizados en su sinergia epistémica y proyectados hacia el esbozo de una posible ontoepistemología con base en las estructuras: concepto de ser humano, relación sujeto-objeto y relación investigador-investigado. Se obtuvo una concepción situada y proyectiva de ser humano, una relación sujeto-objeto como escisión compleja y una relación investigador-investigado fundada en una comunicación existencial enmarcada en la tradición discursiva de su respectiva comunidad semiótica.: This article intends to interpret the thoughts of Karl Jaspers and Martin Heidegger with the parameters amalgam and synergy of Cristóbal Holzapfel in order to propose an ontoepistemology of the social and human sciences. For this objective, a comparative analysis is carried out between the main existential structures of the existential enlightenment present in "Philosophy II" of Jaspers and the existential analytic present in "Being and time" of Heidegger. From the amalgams evidenced between the two analytics, certain existential are deduced that are analyzed in their epistemic synergy and projected towards the outline of a possible ontoepistemology based on the structures: concept of human being, subject-object relationship and researcher-researched relationship. It was obtained a situated and projective conception of the human being, a subject-object relationship as a complex cleavage and a researcher-researched relationship founded on an existential communication framed in the discursive tradition of their respective semiotic community. (shrink)

This article offers a brief overview of the argument for God's existence grounded in the evidence of design. It gives particular attention to the way the argument has evolved over time and in relation to changing scientific perspectives. The argument from de‐sign has in fact been formulated and reformulated in response to the discoveries and challenges it has encountered from the field of science. The conclusion of the article explores the theological importance of this argument—its extent and its limits.

In the official statistics, the total number of nonvoters in the post-war parliamentary elections in Belgium, is considerably over-estimated. This is caused by the method of updating the lists of voters, so that many people who appear as nonvoters, are regular voters who died after the moment of updating, but were not droppedfrom the lists. In this article, we endeavoured to calculate the number of deceased voters, who still appear on the lists, using the monthly death-rates of the total Belgian (...) population, abstracting the deceased persons under age and the deceased foreigners. The more realistic rates of nonvoting, calculated this way, are quite lower than the official rates.Yet, because of the introduction of a new method of updating, the problem discussed above, hardly exists any langer since the general election of 1977. (shrink)

The grip of political parties of central government actors in Belgium was most striking in the 1970s and 1980s. In this period Belgium, like Italy, constitutes a very strong case of partitocracy. Yet, white the Italian partitocrazia collapsed brusquely in the early 1990s, the Belgian particratie underwent a number of gradual modifications, which prevented the complete collapse of the partitocratic system and to some degree restored the governability of the country.This article presents for each sector of central government first the (...) main features as they were under full partitocratic rule during the 1970s and 1980s. Second, it indicates which corrections were introduced, that reduced the the grip of political parties on central government actors, structures and processes. Finally, it discusses the problem of the public debt and policy inertia. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 655-673, June 2022. The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule (...) of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

Metaphors and other tropes are commonly thought to reflect asymmetries in concreteness, with concrete sources being used to talk about relatively more abstract targets. Similarly, originating sense...