The political philosophy originates from the reflections of crisis, risks and threats which society faces to. The author understands environmentalism as a tendency of current political philosophy which starts from the reflections of causes and possible effects of global environmental crisis as one of the most serious threats to the existential preconditions of current political system and global civilization at all. Considering the changes in social, technological and environmental starting conditions of the existence of economic-political (...) system – that are consequences of the transition from stable geologic-climate era of Holocene to unstable era of anthropocene – it is necessary to reconsider once more the basic premises, imperatives and conceptual frames of current economic-political system. The outlines of current economic-political system in philosophical frame were laid out by founders of modern political thinking while we can identify some of basic premises of environmentalism and also concepts relevant to the reflection of current threats and risks in some of their works. Author considers the concept of civil and human rights, the concept of natural state and the concept of social contract to be suitable for the reflection of the crisis of current economic-political system regarding environmentalism. Afterwards, the author formulates in what meanings are these concepts actual also for anthropocene. In conclusion, the author´s hypothesis is that the political philosophy of 21st century must reflect the environmental preconditions and limits of existence and forms of economic-political system and, at the same time, it must take into account that any economic and social activities have influence on the quality and sustainability of environment. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical philosophy (...) and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

This paper is based on the concept of environmental political philosophy and from its perspective, it highlights the weaknesses and contradictions of contemporary, existing democracies. It aims to formulate an outline of the concept of environmental democracy, following the accounts of M. Bookchin, R. Morrison and H. Skolimowski, as well as international environmental law enshrined in United Nations documents and resolutions. It is based on the hypothesis that the preservation of a democratic political system in a situation of (...) a collapsing planetary system (the Anthropocene) requires improving the foundations of democratic theory with the insights of the Earth system sciences, particularly of political ecology and critical environmentalism. Through philosophical analysis, explanation and interpretation, this paper explores an environmental democracy that would, on the one hand, preserve the basic constitutional principles of current democratic constitutional regimes, and, on the other hand, reconcile them with the current state of understanding in the Earth sciences concerning the vulnerability of the planetary system. In a sense, J. Habermas’s understanding of human rights characterizes the concept of environmental democracy as a realistic utopia. The author concludes by drawing up the imperative of sustainability, which he sees as a guiding organizing principle of institutions and public policies for the climatic, demographic and economic regime of the Anthropocene. -------------------------- Received: 16/12/2022. Reviewed: 09/03/2023. Accepted: 30/03/2023. (shrink)

This book examines the most significant metaphors of modern political philosophy: the state of nature and the social contract. Each of the main chapters is dedicated to the political theory of the different social contract thinkers and the ways they articulated the uniquely liberal view of equality and freedom. The last chapter, unique to most books that explore the social contract, highlights the recent challenges to these views. It is this balance (...) between accepted contractarian ideas and their critiques that makes it a unique contribution to the field of political philosophy. (shrink)

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

The ' state of nature ' could be understood in two senses; both in terms of its nature 's current condition and of that unmediated and pre-contractual relation between humanity and the environment posited by political philosophers like Locke and Rousseau and now championed by anarcho- primitivism. Primitivism is easily dismissed as an extreme, naïve and impractical form of radical environmentalism but its emergence signifies contemporary disaffection with the ideology of 'progress' so central to modernity and capitalism. This (...) paper offers an ethico-political interpretation of primitivism 's critical relation to modernity in terms of the dialectic between amorality and immorality within what is characterised as modernity's ' culture of contamination '. (shrink)

When Professor Georges Gurvitch, the highly esteemed occupant of the chair of philosophy at the University of Strausbourg before World War ll and the author of a series of brilliant studies in the pluralist philosophy of law, referred to Pierre—Joseph Proudhon as the central figure in the development of modern social and judicial philosophy, the basis of his highly flattering judgment was the philosophy of law that serves as the basis of Proudhon’s mutualism, a socio-legal conceptualization that had not (...) only greatly infiuenced Gurvitch’s own thinking but which had exerted tremendous infiuence as well over the thought of such outstanding social theorists as Herzen, Tolstoi, and Kropotkinl To state, therefore, that Proudhon was not only the first to call himself an anarchist but also “the most important" anarchist thinker of the modern period} is to establish his right to be heard. We are not entitled to skip lightly over his conception of law and justice as past generations have done. After outlining Proudhon’s legal theory and his conception of natural right, this paper will attempt to demonstrate that Proudhon’s thinking on law is an outstanding contribution to modern political theory. It is not too much to say, in fact, that his philosophy of law and natural right stands as a highly suggestive antidote to the hopeless confusion in contemporary political theory, a confusion that stems not only from the cloudy conception of justice posited by the social contract theorists but from the defective conception of justice advanced by the advocates of state socialism as well. (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)

The ultimate aim of this dissertation is to determine whether libertarian theories of property can be adequately grounded in Locke's theory of natural rights. I defend the thesis that Locke's theory has no room for a fundamental commitment to natural rights, including property rights. ;In the first three chapters, I challenge each component of the dominant interpretation of Locke's theory of property in this century, viz., that of C. B. Macpherson. In Chapter One, I criticize Macpherson's claim that Locke's view (...) allows unlimited appropriation. In Chapter Two, I agree with Macpherson that Locke defended a state in which the franchise was restricted to those who held significant property, viz., land. However, this can be reconciled with an initial contract into civil society that meets certain standards of rationality and fairness. Thus, while political power is not equally distributed in the state Locke describes, that is not necessarily inconsistent with a rational, free, and voluntary social contract. This shows that we need not see Locke as committed to the interests of the wealthiest members of society. In Chapter Three, I agree with Macpherson that Locke's view is that the purpose of contracting out of the state of nature is the protection of one's property. But I briefly argue that Macpherson does not take seriously Locke's concept of property right and the wide range of objects that count as property. If we pay careful attention to Locke's terminology, we can see that although the purpose of the state is the protection of property, that does not guarantee greater protection for the wealthy than it ensures the poor. ;In Chapter Four, I challenge a quite different thesis. James Tully has argued that Locke did not defend private property at all, but attacked it. I criticize this interpretation on the grounds that Locke explicitly allows certain practices that Tully takes to be violations of the law of nature as Locke construes it. I also criticize the claim that certain developments in a commercial economy, such as the consumption of valuable land, necessarily violate the law of nature. In addition, I argue that the idea of conventionally established property rights is inconsistent with Locke's account of how and why government comes to be established. ;In Chapter Five, I provide an account of the principles underlying Locke's account of rights, both within and without civil society. I argue that Locke's view is improperly construed as a view which gives pride of place to rights. Rather, rights are almost always derivative from duties, and in those cases where they are not derivative, they are subordinate to certain primary duties that oblige us in virtue of our status as God's creations. (shrink)

Jack Kerouac's On the Road occupies an unusual status in American letters. It is an American classic but also a contested text. An early reviewer's assessment of On the Road as an American masterpiece has been consistently reiterated, but so have initial dismissals that the work is an incoherent, naïve, and narcissistic travel narrative. This ambivalence is heightened by Kerouac's own idiosyncratic political and social views. These confl icting assessments can be reconciled, however, if On the Road is (...) evaluated as a work of political thought, especially as an iteration of the social contract tradition exploring relationships in a "state of nature.". (shrink)

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

From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in (...) the age of the anthropocene. Environments, Natures and Social Theory provokes dialogue and confrontation between critical political economists, actor network theorists, neo-Malthusians and environmental justice advocates. It maps out the new environmental politics of hybridity moving from hybrid neo-liberals to end times ecologists, from post environmentalists to cyborg eco-socialists. White, Rudy and Gareau insist on the necessity of a critical but optimistic hybrid politics, arguing that a more just, egalitarian, democratic and sustainable anthropocene is within our grasp. This will only be brought into being, however, by reclaiming, celebrating and channeling the reconstructive potential of entangled hybrid humans as inventive hominids, creative gardeners, critical publics and political agents. Written in an accessible style, Environments, Natures and Social Theory is an essential resource for undergraduate and postgraduate students across the social sciences. (shrink)

Human rights are one of the great civilizing projects of modernity. From their formal promulgation in the Universal Declaration of Human Rights in 1948 to their subsequent embrace by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. In the theological realm, the concept of human rights has all but replaced its antecedent, natural rights, while (...) in the world of Christian social engagement the language of human rights has become the lingua franca of political action. But within theological circles, human rights continue to be both controversial and contested. Some skeptics contend that human rights reflect individualism, secularity, and Western political imperialism in disguise. Hogan, though, thinks human rights language is worth defending and tries to re-envision it. Avoiding claims of universal values, she draws on the constructivist strand of political philosophy to argue that human rights are best conceived in a three-fold manner: requirements for human flourishing; reflecting the needs of the community; and as emancipatory politics. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its (...) recognition, though, can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

Many scholars view political contractarianism as a distinctly modern account of the foundations of political order. Ideas such as popular sovereignty, the right of revolution, the necessity of the consent of the governed for rightful political authority, natural equality, and a pre-civil state of nature embody the modern rupture with classical political philosophy and traditional Christian theology. At the headwaters of this modern revolution stands Thomas Hobbes. Since the American founders subscribed to the social (...) contract theory, they are often said to reject classical political philosophy and traditional Christian political theology as well. In America on Trial, Robert Reilly rejects the usual argument. He maintains that the building blocks of the American founding originate in medieval Christian political theology. In this essay, I argue that a morally and metaphysically realist contractarian tradition—one that affirms natural equality, the authority of the society over government, the necessity of consent for legitimate government, the right to resist tyrannical rulers, and the idea of a pre-civil state of nature—predates Hobbes and also that the voluntarist contractarian tradition inaugurated by Hobbes is self-referentially incoherent. A coherent political contractarianism logicially depends on the sort of metaphysics and moral ontology Hobbes rejects. (shrink)

As states grapple with the forces of liberalization and globalization, they are increasingly pulling back on earlier levels of welfare provision and rhetoric. This article examines how the eclipsing role of the state in labor protection has affected state–labor relations. In particular, it analyzes collective action strategies among India’s growing mass of informally employed workers, who do not receive secure wages or benefits from either the state or their employer. In response to the recent changes in (...) class='Hi'>state policies, I find that informal workers have had to alter their organizing strategies in ways that are reshaping the social contract between state and labor. Rather than demanding employers for workers’ benefits, they are making direct demands on the state for welfare benefits. To attain state attention, informal workers are using the rhetoric of citizenship rights to offer their unregulated labor and political support in return for state recognition of their work. Such recognition bestows informal workers with a degree of social legitimacy, thereby dignifying their discontent and bolstering their status as claim makers in their society. These findings offer a reformulated model of state–labor relations that focuses attention on the qualitative, rather than quantitative, nature of the nexus; encompasses a dynamic and inter-dependent conceptualization of state and labor; and accommodates the creative and diverse strategies of industrial relations being forged in the contemporary era. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, (...) family relations, and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

Thomas Hobbes, like other early modern social contract theorists, has been accused of promoting racist views in his philosophy – ideas used to justify European imperialism and the devastation of Indigenous peoples. I argue that his philosophy does not assume or promote a naturalized racial hierarchy. I demonstrate that the logic of Hobbes’s project requires rejecting a racially essentialist conception of human nature. His is a thoroughgoing and unrepentant anti-essentialism; he claims that there are no objective, immutable, (...) necessary differences between ‘civilized’ people and ‘savages.’ Instead, I locate Hobbes’s bias in his reliance on culturally-specific notions of government. Finally, I suggest that the Hobbes’s natural law requirement of ‘acknowledging’ equality can be applied to questions about race. Though this was not its purpose, this requirement might provide a useful – and distinctively Hobbesian – tool to combat the impulse behind the problematic and persistent desire to find ‘real’ differences among racial groups. (shrink)

This paper examines the conceptual development of the philosophical justifications for tyrannicide. It posits that the political philosophy of tyrannicide can be categorised into three distinct periods or models, the classical, medieval, and liberal, respectively. It argues that each model contained unique themes and principles that justified tyrannicide in that period; the classical, through the importance attached to public life and the functional role of leadership; the medieval, through natural law doctrine; and the liberal, through the postulates of (...) class='Hi'>social contract theory. Subsequent analysis of these different models however, reveals that these historical models are unable to provide a sufficient philosophical basis for a contemporary justification of tyrannicide. In Part II, it will be contended that a reinvigorated conception of self-defence, a theme common to all three models, when coupled with the modern notion of universal human rights, may provide the foundation for a contemporary theory of tyrannicide. (shrink)

Fichte's Foundations of Natural Right was one of the most influential books in nineteenth-century philosophy. It was read carefully by Schelling, Hegel, and Marx, and initiated a tradition in German philosophy that considers human subjectivity to be relational and intersubjective, thus requiring relations of recognition between subjects. The essays in this volume highlight this little-understood book's most important ideas and innovations. They offer discussions of Fichte's conception of freedom, self-consciousness, coercion, the summons, the body, and human rights, together (...) with new analyses of his deduction of right, his views on the social contract, and his arguments for the separation of right from morality. The essays expand and deepen ongoing debates in the scholarship and chart new avenues of thought about Fichte's most enduring work of political philosophy. They will be essential reading for students and scholars of German Idealism, nineteenth-century philosophy, and the history of political thought. (shrink)

Critical approaches to the canon of Western political and legal thought from the point of view of race or gender have developed in recent years, as have studies highlighting the connections between supposedly universalist philosophies and their role in sustaining or legitimizing imperial and colonial conquests. On social contract theory in particular, seminal works include Charles Mills’ The Racial Contract and Carole Pateman’s The Sexual Contract. The importance of this type of work cannot be understated, (...) and Mills is right to insist on the “blinding whiteness of the discipline.” In the case of Hobbes, I argue, the privilege established in his texts is better qualified as “civilizational” rather than “racial.” Hobbes’s texts construct a certain image of civilization, a form of exclusion and domination that eschews biological determinism in favor of social, historical bias. This “civilizational” thinking certainly can work – and will work later on in conjunction with modern racism and white privilege – to exclude many. The racial contract – as per Mills – is only a late installment on a more fundamental one, the civilizing contract. (shrink)

For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make (...) peremptory in a social contract property rights that in the state of nature have only a provisional character. Whether this approach ultimately makes the idea of a voluntary agreement superfluous is a question I will address below. First I would like to consider the unique status Kant assigns to property rights in his theory of the social contract. This status has for the most part not been observed in the secondary literature, and Kant has even been accused of falling behind the achievements of Locke and Rousseau by grounding property rights on an element of brute force. However, since Kant himself espoused a labor theory of property rights in his earlier writings, it is important to consider carefully the basis for its subsequent rejection in the Rechtslehre. Further, since Kant’s theory of property rights constitutes an alternative to Locke, it may be possible to find within the contract tradition an alternative to the view of property rights found in some of its contemporary versions. (shrink)

Against a widely-held interpretation of Kant’s political philosophy, according to which Kant holds that all finite rational beings have an innate right to freedom as well as a duty to enter into a civil condition governed by a social contract in order to preserve that freedom, Robert Hanna contends that Kant is in fact an anarchist. Hanna’s argument for his novel thesis that Kant ultimately views the State as an unjustifiably coercive institution that should be eliminated (...) depends heavily on the claim there is an outright conflict between Kant’s political theory in The Doctrine of Right and Kant’s ethics. I argue that we should resist Hanna’s provocative claim that Kant’s ethics directly falsifies his official political theory. Further, I suggest that even morally autonomous Kantian angels need the State to guarantee the protection of their external freedom and to promote justice. (shrink)

Rajesh Sampath ABSTRACT: This paper examines Ambedkar’s critical view of certain distortions, contradictions, and instabilities in democratic norms, constitutional validity, and citizens’ rights in India’s secular, constitutional, legal, pluralistic democracy. Through a strident deconstruction utilizing Hegelian resources, the paper exposes the contortions and contradictions underpinning Hindu metaphysics in some of its most abstract texts, namely...

The political independence of the United States of America was proclaimed in a Declaration of Independence by the Second Continental Congress, in Philadelphia, on July 4, 1776. Thomas Jefferson drafted the document, and the changes made in the text reflected the struggle among different factions in the revolutionary camp. Jefferson's initial version was fundamentally retained, however; and that is precisely what makes the Declaration of Independence not merely a legal document but a vivid example of a bourgeois revolutionary program (...) expressing in concentrated form the ideology of the radical wing of the American Enlightenment. The form of the Declaration was an address to world public opinion explaining the causes and bases for the decisive political break of the 13 British colonies with the home country. In fact it provided a general philosophical justification for the validity of revolutionary change in the social order by the people. The Declaration became the legal ground for the American system of government, sanctioning its independence and serving as the basis for the documents of a constitutional nature that followed. The treatment of the nature of man and his rights is the most important feature of the revolutionary conclusions of the Declaration. (shrink)

Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, if man is not be (...) compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures (...) in the Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

This book provides a critical account of the main controversies involving Norman Geras, one of the key modern political thinkers. It moves from his youthful Trotskyism on to his book on Rosa Luxemburg, then his classic account of Marx and human nature, and his highly regarded discussion of Marx and justice. Following this, Geras tried to elaborate a Marxist theory of justice, which involved taking on-board aspects of liberalism. Next he attacked the post modernism of Laclau and Mouffe (...) and criticised Rorty’s pragmatism, and then elaborated a contract of mutual indifference from a detailed study of the Holocaust. Lastly he wrote a book on human rights and humanitarian intervention, defending the 2003 invasion of Iraq. Cowling varies from exposition and admiration, to ideas about how Geras’s work should be interpreted, to criticism of his Trotskyism and of his support for the invasion of Iraq. The book will appeal to readers interested in Norman Geras and Marxism in particular, and social and political theory in general. (shrink)

This article considers the topic of the prior parental right in the education of their children, unequivocally asserted in the United Nations’ Declaration of Human Rights (UDHR, Article 26, subsection 3). Discussion focuses upon the origins and nature of this right as it is described in Catholic Church teaching as well as the Supreme Court’s 1925 decision in Pierce v. Society of Sisters, both of which antedate and provide principled support for UDHR’s assertion. The purpose here is to use (...) these principles to identify the injustice arising when a State or its agents deny parental choice in education by limiting that choice to public schools. In the United States, this action imperils the foundation of UDHR’s goal that education be “the foundation of freedom, justice and peace in the world.”. (shrink)

Society is broken. We can design our way to a better one. In our increasingly interconnected world, self-interest and social-interest are rapidly becoming indistinguishable. If the oceans die, if society fractures, or if global warming spirals out of control, personal success becomes meaningless. But our broken system incentivizes behavior that only makes these problems worse. If true human rights progress is to be achieved today, it is time we dig deeper-rethinking the very foundation of our social system. (...) In this engaging, important work, Peter Joseph, founder of the world's largest grassroots social movement in the world-The Zeitgeist Movement-draws from economics, history, philosophy, and modern public-health research to present a bold case for rethinking activism in the 21st century. The conventional wisdom views poverty, social oppression, and the growing loss of public health as unfortunate and immutable side effects of our way of life. The New Human Rights Movement argues that these outcomes are, in fact, contrived-only natural to our outdated economic system. Social activists can never succeed in dramatically improving human life on this planet until they understand the structural reasons these problems exist. Arguing against the long-standing narrative of universal scarcity and other pervasive, legitimizing myths that defend the current state of affairs, The New Human Rights Movement ultimately presents the case for an updated economic approach. Joseph explores the potential of this grand social shift and how we can design our way to a post-scarcity world-a world where poverty doesn't exist and the human family has become truly sustainable. The New Human Rights Movement reveals the critical importance of a unified activism in this direction, through understanding and working to alter the inherent injustice of our current social system. This book not only warns against what is in store if we continue to ignore our broken society but also reveals the positive future possible if we succeed. Will you join the movement? (shrink)

While David Hume explicitly elaborated on the development of a modern commercial society in the Political Discourses and the History of England, it is more difficult to discern whether Hume had a specific time period or societal transformation in mind when he laid out his political philosophy in A Treatise of Human Nature. In the Treatise, Hume unambiguously states that he did not believe in the existence of a pre-social stage of human development—he considered such (...) elaborations mere philosophical fiction. The lack of an abrupt demarcation between the pre-social and the social in Hume's thought makes his political philosophy incongruent with an original contract or a first social formation. In this sense, Hume's social theory might be considered a foundational theory for all human coexistence and the Treatise would thus read as an ahistorical text. However, it is plausible that Hume was instead providing a discussion of a particular historical transformation—that of commercial modernization—by emphasizing the construction of a new set of social institutions and ignoring or downplaying the social forms that came before. This paper challenges the ahistorical interpretations and suggests that Hume was indeed providing a philosophical elaboration of the. (shrink)

Pierre Manent is one of France's leading political philosophers. This first English translation of his profound and strikingly original book La loi naturelle et les droits de l'homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He (...) aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty rightly understood. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and (especially) Christian notion of "liberty under law" and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the "state of nature," where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an "archic" understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics. (shrink)

:Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as (...) the sole human rights duty-bearers merely by referring to that practice, others criticize the “state-centric” approach to human rights duty-bearers and expand the scope of the latter to include any international institution beyond the state and even private actors. Curiously, however, even those more expansive accounts of human rights duty-bearers are usually very evasive about why it should be so and especially how it should work. The time has come to broach anew the issue of the bearers of human rights duties, and responsibilities of international institutions in human rights theory, addressing two challenges: focusing on relational and directed human rights duties specifically and not on duties of global justice in general, thereby distinguishing between human rights duty-bearers and other bearers of responsibilities for human rights, on the one hand, and accounting for and justifying the point of international human rights law and practice in this respect, thereby also securing internal arguments for reform, on the other. The essay’s argument is four-pronged. It starts with a few reminders about the relational nature of human rights and the relationship between human rights and duties and what this means for the specification of human rights duties. It then focuses more specifically on the identification of human rights duty-bearers, i.e., states and international institutions of jurisdiction like the European Union, and the allocation of human rights duties to them. The third section of the article is devoted to the concurrent moral responsibilities for human rights that are incurred by other various responsibility-bearers outside institutions of jurisdiction. In the final section, the essay considers the revolution potential of the EU’s fast-developing human rights’ duties, and discusses the normative implications of the development of universal international institutions’ human rights duties stricto sensu for international law and politics more generally. (shrink)

The environmental and human rights movements have valuable contributions to make to each other. Environmentalists can contribute to the greening of human rights by getting the human rights movement to recognize a right to a safe environment, to see humans as part of nature, and to begin considering the idea that nature may have claims of its own. The human rights movement can contribute to environmentalism by getting environmentalists to recognize that they have strong reasons to (...) support rights to political participation, freedom from violence, due process of law, education, and adequate nutrition. (shrink)

This volume contains ten chapters, each of which takes up a different question in contemporary moral or political philosophy. The volume has three parts: meta-ethics, issues in freedom and autonomy, and contemporary political philosophy. In the meta-ethical section, the chapters address issues concerning acts and their value, the plausibility of aggregation and counting with respect to the value of human lives, and the role of moral character in causing and explaining moral behavior. In the second section, the (...) chapters take up questions about the connection between moral imagination and a plausible account of integrity, the connection between autonomy and rights to property, and the difficulties facing internalist accounts of autonomy. In the final section, the chapters address issues concerning feminist critiques of Rawlsian liberalism, the limits of liberalism and communitarianism, the importance of understanding Rawls's social contract as a contract for institutions, and the morality of nationalist movements. These chapters reflect a cross-section of the issues concerning value that are of contemporary scholarly interest in Canada and the United States. (shrink)

Since September 11th, we frequently hear that political differences should be put aside: the real struggle is between good and evil. What does this mean for political and social life? Is there a 'Third Way' beyond left and right, and if so, should we fear or welcome it? This thought-provoking book by Chantal Mouffe, a globally recognized political author, presents a timely account of the current state of democracy, affording readers the most relevant and up-to-date (...) information. Arguing that liberal 'third way thinking' ignores fundamental, conflicting aspects of human nature, Mouffe states that, far from expanding democracy, globalization is undermining the combative and radical heart of democratic life. Going back first to Aristotle, she identifies the historical origins of the political and reflects on the Enlightenment, and the social contract, arguing that in spite of its good intentions, it levelled the radical core of political life. Contemporary examples, including the Iraq war, racism and the rise of the far right, are used to illustrate and support her theory that far from combating extremism, the quest for consensus politics undermines the ability to challenge it. These case studies are also highly effective points of reference for student revision. _On the Political _is a stimulating argument about the future of politics and addresses the most fundamental aspects of democracy that will aid further study. (shrink)

Abstract: The State of Nature, Prehistory, and Mythmaking Karl Widerquist This chapter provide an overview of two books, in which Grant S. McCall and I name, define, and debunk the following false claims that still play important roles in contemporary political theories although they are not always defined and defended explicitly: 1. The Hobbesian hypothesis: sovereign states and/or the liberal private property rights system benefits everyone (or at least harms no one) relative to how well they could reasonably (...) expect to live in the state of nature—i.e. a society lacking one or both of these institutions. 2. The appropriation hypothesis: private property in the form of liberal ownership rights develops naturally while collective, communal, common, or government-held property rights systems do not. 3. The natural inequality hypothesis: inequality is natural and inevitable, i.e. economic, social, and/or political equality cannot exist and/or cannot be created without a significant loss in negative freedom. 4. The market-freedom hypothesis: a market economy (and/or capitalism) is more consistent with negative freedom than any other economic system. The third and fourth of these claims are not obviously claims about prehistoric or small-scale societies, but they are universal claims about all societies and so they include claims about even the most remote and distant societies from contemporary thinking. (shrink)

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and (...) of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good? (shrink)

'Man being born...to perfect freedom...hath by nature a power...to preserve his property, that is, his life, liberty and estate.'Locke's Second Treatise of Government is one of the great classics of political philosophy, widely regarded as the foundational text of modern liberalism. In it Locke insists on majority rule, and regards no government as legitimate unless it has the consent of the people. He sets aside people's ethnicities, religions, and cultures and envisages political societies which command our assent because (...) they meet our elemental needs simply as humans. His work helped to entrench ideas of a social contract, human rights, and protection of property as the guiding principles for just actions and just societies.Published in the same year, A Letter Concerning Toleration aimed to end Christianity's wars of religion and called for the separation of church and state so that everyone could enjoy freedom of conscience. In this edition of these two major works, Mark Goldie considers the contested nature of Locke's reputation, which is often appropriated by opposing political and religious ideologies. (shrink)

The Enlightenment philosophy, particularly the ideas of Thomas Hobbes and his concepts surrounding the State and Society, serves as a philosophical foundation for numerous subsequent discussions in the fields of social and political sciences. Hobbes’ perspective on human nature and his portrayal of the natural state versus civilization are undeniably among the central tenets of modern thought. He characterizes humanity as the ‘wolf-man’ and underscores the necessity of a social contract-based civilized state (...) to ensure security and safeguard collective interests. Hobbes is primarily concerned with peace, and his political framework, rooted in a modern scientific sense, is designed with the explicit goal of establishing and preserving peace. In the natural state, where humanity exists in an uncivilized condition, each individual is self-interested and disconnected, resulting in a landscape fraught with danger and insecurity. However, a glimmer of hope arises from the fact that human awareness of this predicament serves as the very genesis of contemplation and thought directed towards salvation. The cornerstone of security in the natural state is the equality of all individuals within it. According to Hobbes, society does not represent the spontaneous formation of a fundamental condition for collective life but, rather, the conscious regulation of a potentially volatile state perpetually on the brink of conflict. Through surveys, Hobbes asserts that a majority of people within a society willingly delegate their power and authority to an individual or a group, enabling them to consolidate the various wills into a unified collective will through a voting process. This article aims to explore a fundamental shift in ethics as we transition from classical ethics centered around ‘good’ to modern social ethics founded on ‘security’ and ‘stability.’. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents (...) a misleading account of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just (...) powers and prerogatives. A state-of-nature theory has three components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Kant’s political theory stands in the social contract tradition, but departs significantly from earlier versions of social contract theory. Most importantly Kant holds, against Hobbes and Locke, that we have not merely a pragmatic reason but an obligation to exit the state of nature and found a state. Kant holds that each person has an innate right to freedom, but it is possible to simultaneously honor everyone’s right only under the rule of law. (...) Since we are obligated to respect each person’s right to freedom, and can do so only in a state, we are obligated to submit to the authority of the state if we have one, and to establish one if we do not. In the first half of the essay I reconstruct this argument in more detail. In the second half I survey four points of controversy: (i) What is the relationship between Kant’s political philosophy and his moral philosophy? (ii) How does the innate right to freedom support the postulate that we are permitted to acquire property and other private rights? (iii) How does the postulate support an obligation to found the state? (iv) How should we understand Kant’s views about political revolutions? (shrink)

Discussions about politics and human power, including discussions about the concept of the state, have been a discussion that has been going on since Greek times until the time of the growth of Islamic philosophy. The overemphasis on the power of reason led early modern Western societies to reject religion in all political discourse. At this stage, all views of man, power, the constitution, and the state eventually ceased to be associated with God. On the other (...) hand, especially among Muslims, religion is still connected with discussions of politics and human power. This paper will reveal how secularization in political thought grew and developed through principles such as the state of nature and the social contract. Then, based on the thought of one of the influential Muslim scholars, Syed Muhammad Naquib Al-Attas, the author tries to provide a critique of the views of Western thinkers such as Thomas Hobbes, John Locke, and other philosophers, by presenting the concept of the ideal state form derived from the concept of tamaddun formulated by Al-Attas. This research is literature review research using the descriptive method. The findings of this research show that secularization is a product purely born by Western secular thinkers and not taken from any religious teachings, so Western political concepts cannot always be applied, especially in Muslim societies. (shrink)

The purpose of this paper is to philosophically examine how disinformation from state officials and politicians affects the right to access to information and political participation. Next to the more straightforward implications for political self-determination, the paper examines how active dissemination of lies by figures of epistemic authority can be framed as a human rights issue and affects trust patterns between citizens, increases polarization, impedes dialogue, and obstructs access to politically relevant information by gatekeeping knowledge. Analyzing (...) European Convention on Human Rights (ECHR) case law, the paper argues that human rights law provides some argumentative basis for extending individuals’ rights as epistemic and political agents towards a “right to truth spoken by politicians”. However, challenges in balancing a possible restriction of lies and assessing the real effective harm that comes from them remain, potentially leading to a vacuum of rights protection for less visible long-term harm to individuals and public discourse. In order to have a real chance at tackling the harmful consequences of publicly told lies from a human rights perspective, it is necessary to rethink the notion of harm to encompass more complex and abstract forms of politico-epistemic damage to individuals and the public. (shrink)

Like Thomas Hobbes, the ancient Chinese philosopher Xunzi imagines a human state of nature that is chaotic and violent, akin to Hobbes’s state of war of everyone against everyone. Like Hobbes, Xunzi pins this miserable human natural condition on the egoistical nature of people. And like Hobbes, Xunzi justifies the establishment of political authority because it brings order and peace among people. But while Hobbes takes the establishment and enforcement of positive laws by an all-powerful (...) political authority to be sufficient for keeping the state of nature at bay, Xunzi believes that positive laws alone are inadequate. Laws must be accompanied by a reformation of human nature if a well-ordered society is to be achieved and sustained. In contrast to Hobbes, then, Xunzi thinks that a well-ordered political society must have both good laws and good people. This is where the Confucian ideal of rituals comes in. Rituals have the important function of making people better in spite of their original bad nature that laws alone do not. Recalling the place of rituals in Xunzi’s ideal of a well-ordered society draws our attention to a crucial difference between Xunzi’s and Hobbes’s political philosophies. While Hobbes thinks that a peaceful political society among egotistical individuals is achievable so long as it is possible to secure the right incentive structure for them to cooperate, Xunzi thinks a stable civil order must take on the task of improving human nature. More basically, Xunzi and Hobbes see the aims of political society differently. For Hobbes, the chief purpose of politics is the peaceful co-existence of people in spite of their egoistical nature. For Xunzi, the central aim of politics is not just peaceful co-existence among individuals but their moral self-improvement and cultivation, their transformation from egoistical to social beings. (shrink)

This paper examines the relation between the problem of human nature and political theory; it is claimed that every such theory is founded on some anthropological preconditions. The paper studies the political conceptions of four modern philosophers: Thomas Hobbes, Jean Jacques Rousseau, Karl Marx, Pyotr Kropotkin. It reveals that two opposing tendencies form the imaginary of the modern era: the authoritative one that identifies an egoistic/ unsociable human nature that needs control, and the libertarian one that (...) recognizes a human being capable of more advanced types of social fabric. The problem that is also investigated is how anthropological dualism can be transcended to permit the conception of a new anthropological type as well as the type of society that will help human potentiality of consciousness and coexistence to unfold. (shrink)

What happened to the doctrine of natural right in the nineteenth century? We know that it flourished in the seventeenth and eighteenth centuries. We know that something like it - the doctrine of human rights and new forms of social contract theory - flourished again in the second half of the twentieth century and continues to flourish in the twenty-first. In between there was a period of decline and hibernation - uneven, to be sure, and never complete (...) - but a period in which to invoke natural right was always to invite intellectual ridicule and accusations of political irresponsibility. Thus article asks: How far can the decline of natural right in the nineteenth century be attributed to the reaction against the revolution in France? How far it was the effect of independent streams of thought, like positivism and historicism? Why was radical thought so ambivalent about natural right throughout the nineteenth century, and why was socialist thought in particular inclined to turn its back on i? As a framework for thought, natural right suffered a radical decline in the social and political sciences. But things were not so clear in jurisprudence, and natural right lived on to a much riper old age in the writings of some prominent economists. So we have to ask: What is it about this theory that allowed it to survive in these environments, when so much of the rest of intellectual endeavor in the nineteenth century was toxic or inhospitable to it. Finally, I shall ask how far American thought represents an exception to all of this. Why and to what extent did the doctrine survive as a way of thinking in the United States, long after it had lost its credibility elsewhere. (shrink)

Upon what empirical basis did Hobbes make his claims about the ‘state of nature’? He looked to ‘the savage people in many places of America’ (Hobbes, 1976: 187). Most people now recognize Hobbes’s assertions about Native Americans as racist. And yet, as Widerquist and McCall argue in their book Prehistoric Myths in Modern Political Philosophy, the myth that life outside the state is unbearable and that life under the state is better remains the essential premise of (...) two of the most influential Western political philosophies in the modern world – social contract theory (contractarianism) and property rights theory (propertarianism). Critiques of these philosophies are not new. But what is new, and exciting, about this book is that a political philosopher (Karl Widerquist) enlists an anthropologist (Grant S. McCall) to systematically debunk this founding myth on the basis of empirical evidence. Despite some confusion about the book's aims, the lack of attention to women and the risk of epistemic injustice, the results are fascinating and, I will argue, should prompt a methodological crisis for some schools of political philosophy. (shrink)