While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and (...) historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied. (shrink)

It is hardly surprising that the two greatest Kantian philosophers of the twentieth century's second half would, at some point of time, reflect and comment on one of the most famous writings of the Königsberg sage, namely on Perpetual Peace: A Philosophical Sketch. Of course, in recent decades, and especially around the celebration of the 200th anniversary of its publication, many commentary articles and books have been published on Kant's little essay, but it makes a difference when Jürgen Habermas and (...) John Rawls make an effort to get to an appropriate understanding of Kant's text in the present-day world. Here I will describe some of the main features of their understanding of Kant's peace proposal. I will first briefly recall the main scheme of Kant's essay, anticipating the writings of Habermas and Rawls by employing their new vocabularies and schemes in describing Kant's position. The main purpose of my outline of Kant's essay is to investigate how much of Kant's proposal has remained alive in Habermas and Rawls. (shrink)

Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.

In, Kant defends a position that cannot be salvaged. The essay is nonetheless important because it helps us understand his philosophy of law and, more specifically, his interpretation of the social contract. Kant considers truthfulness a strict legal duty because it is the necessary condition for the juridical state. As attested by Kants arguments against the death penalty, not even the right to life has such strict unconditional status. Within the juridical state, established by the social contract, the innate right (...) to freedom is transformed into a bundle of merely positive rights, including the right to life. Understanding the reason for the rejection of thus helps us understand the, in a sense, character of Kant’s legal philosophy. In conclusion, some suggestions are made to bring his position closer to our common moral understanding. (shrink)

Although Kant’s final work in moral philosophy,Die Metaphysik der Sitten, currently attracts much scholarly attention, there is still a lot to explore. This article is an attempt to get to grips with a particular, often neglected passage of theRechtslehre, namely §35. Here Kant defends the view that not only can a person’s good reputation can be tarnished after his death, but also that this constitutes a violation of this dead person’s property. Here I will not be able to fully clarify (...) what Kant means when he holds that persons can be harmed after their death, but I will put Kant’s view in a few perspectives. (shrink)

In his moral writings, Kant states that moral duty cannot be derived from “the special characteristics of human nature.” This statement is untenable if one takes seriously Kant 's moral views on sexual desire. Instead close study reveals that considerations based on both morality and nature play a role here. The combination of these two elements leads to inconsistencies and difficulties in Kant 's understanding of sexual desire, but they enable us to better understand the importance Kant attributes to marriage (...) within his philosophy of law. (shrink)

Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation (...) - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case. (shrink)

Pogge’s writings on international distributive justice, some of them now collected in ‘World Poverty and Human Rights’ (2002),1 exhibit a masterly interplay of moral argumentation and empirical data. In this contribution, I cannot do justice to both and will therefore focus on Pogge’s moral arguments, the origins of which are to be found in the legal philosophies of Kant and Rawls. Contrary to these philosophers, however, Pogge does argue in favor of an institutionalized global order. That is, he argues, what (...) justice demands. On this point, he sharply differs from his predecessors. Although Rawls criticizes Kant because of his adherence to a ‘comprehensive’, metaphysical viewpoint, he follows Kant in distinguishing between several layers of justice, especially between justice on the domestic, national level and justice on the international, global scale (adding local justice as a third layer). In comparison with both Kant’s and Rawls’s views, Pogge pleads for a revolutionary transformation of the ‘law of peoples’, in which the ‘statist’ approach is rejected altogether and a much more utopian stance is adopted. Here, I intend to bring the main arguments together: Kant’s and Rawls’s pleas for international justice on the one hand and Pogge’s arguments for global justice on the other. By doing so, I hope to contribute to answering the question whether Pogge’s views represent an unjustifiable ‘moral doctrine’, unfit for the highly complex international society of societies or an utopian view in need of being endorsed by many. This then sets my agenda: I will first briefly summarize Kant’s and Rawls’s arguments in favor of a layered structure of ‘international’ justice. Second, I will briefly summarize Pogge’s arguments in favor of ‘global’ justice. The contrast between those views will then enable me to raise the most difficult question: if the requirement of global justice is true in theory, why is it so difficult to apply it in practice? Do these difficulties point at the nature of morality itself.. (shrink)

Cephalos and Kant. A conversation on duties Socrates’s first conversational partner in Plato’s Politeia is Cephalos, the host of the dialogue. But the conversation between Cephalos and Socrates does not appear to be very fruitful. It merely seems to function as the setting of the stage. Nonetheless, what Cephalos has to say about life and old age, about justice and doing one’s duty is far from uninteresting. Indeed, if Cephalos had presented his views to Immanuel Kant, they would have been (...) well received. Kant would have agreed with Cephalos’s emphasis on duties: the duty to speak truthfully; the duty of returning what one has borrowed from another and the duty of gratitude for what one has been given. Kant’s fictional conversation with Cephalos even presents us with some unexpected vistas. (shrink)

Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well‐known grudge informer case, in his famous article “Statutory Injustice and Suprastatutory Law.” In this paper, I present a detailed reconstruction of the “debate” between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with criminal statutes. I (...) suggest that Hart's separation thesis cannot be upheld in the face of this concern. In my argument, Hart's mistaken understanding of the verdict of the Oberlandesgericht Bamberg that he refers to plays a crucial role. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

In this article the author submits as thesis that Habermas's concept of communicative action results from an uncritical appropriation of the concept ‘speech act’. For this purpose, firstly the origin of Habermas's idea of a ‘power-free communication’ in his discussion with Gadamer will be considered. The legitimacy of such a concept of language is — following Habermas — adequately shown most of all by Searle. Secondly therefore, Searle's theory of the speech act will be taken in consideration. Indeed, Searle places (...) the speech act at the heart of any adequate study of the language: in the speech act a trouble-free semantic transport takes place. But, as the author claims, two very disputable presuppositions lie at the root of the concept of ‘speech act’. These are: on the one hand the distinction between illocution and perlocution and on the other hand the principle of expressibility. With reference to Grice and Derrida the disputability of these presuppositions is shown. However, Searle uses these principles mainly in a methodological sense in order to constitute the object of ‘speech act’. Finally, Habermas's ontological use of these principles in his theory of communicative action is shown. If one, however, does not accept these — and this article finds that there are good reasons for not doing so —, the crucial distinction between communicative and strategic action breaks down. (shrink)

The small article “Statutory Injustice and Suprastatutory Law” published in 1946 by Gustav Radbruch is one of the most important texts in 20th century legal philosophy. Until recently, its importance was said to stem from its renewal of ‘natural law’ and from its ‘formula’, according to which the value of justice should override that of legal certainty in extreme cases. In this contribution, a close examination will show that Radbruch's text is less univocal than often suggested. I argue that Radbruch (...) deals here with the acute problems of apparent criminal legality during the Nazi-era rather than with problems of validity. In order to make this clear, I first briefly sketch Radbruch's personal history and the context into which the article fits. Secondly, I analyze the text itself and focus on how to understand the well-known grudge informer case. Finally, I pay some attention to the renewed topical interest of Radbruch's formula, owing to the fact that it was used in the trials against former-GDR soldiers who shot fugitives at the Berlin Wall,and their superiors. (shrink)

Presentation to the special issue on Kant's Metaphysics of Morals.

Review of: B. Sharon Byrd and Joachim Hruschka, Kant’s Doctrine of Right. A Commentary (Cambridge University Press, Cambridge 2010) 336 p.

Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

Jeff McMahan, one of the leading contemporary writers on ‘just war thinking’, argues in the book under review, Killing in War, that one of the central tenets of the ‘ius in bello’, namely the moral equality of combatants, is both conceptually and morally untenable. This results from a reflection upon and a departure from two basic assumptions in Walzer’s work, namely the idea that war itself isn’t a relation between persons, but between political entities and their human instruments and the (...) idea that the ‘ius ad bellum’ and ‘ius in bello’ are and should be kept distinct. This book merits serious reflection. However, the disadvantages of McMahan’s position are obvious. If the rights of combatants during war depend on the justice of their cause, the immunity of the civilians on the side of the supposed ‘unjust’ enemy is seriously endangered. (shrink)

In this thesis I defend the principle of global egalitarianism. According to this idea most of the existing detrimental inequalities in this world are morally objectionable. As detrimental inequalities I understand those that are not to the benefit of the worst off people and that can be non-wastefully removed. To begin with, I consider various justifications of the idea that only those detrimental inequalities that occur within one and the same state are morally objectionable. I identify Thomas Nagel’s approach (...) as the most promising defence of this traditional position. However, I also show that Nagel’s argument does not even justify the elimination of detrimental inequalities within states. A discussion of the concept of political legitimacy rather shows that egalitarian justice is not a necessary condition of the justifiability of the exercise of coercive political power. I, then, consider other, more Rawlsian approaches to the question of detrimental inequalities. These views appear more plausible than Nagel’s position and argue that egalitarian duties also arise in certain international contexts. But also these more global theories of distributive justice suffer from shortcomings. Since they make the application of duties of justice dependent on the existence of social practices they cannot adequately account for the justified interests of non-participants that are affected by these practices. The counter-intuitive implications of practice-dependent theories lead me to investigate the plausibility of a theory that does not limit justice to existing practices and that argues for the inherent value of equality. This theory is global egalitarianism. I defend global egalitarianism by debilitating three objections that opponents of this idea frequently present in the relevant literature. Finally I also address two particular objections to the idea that global egalitarian duties are institutionalizable with the help of coercive global authorities. (shrink)

Hermeneutics, the Bible and Literary Criticism. Edited by Ann Loades and Michael McLain.The Craft of Theology: From Symbol to System. By Avery Dulles.The Shape of Soreriology. By John McIntyre.Not the Cross But the Crucfied. By H.‐E. Mertens.Verbum Curo: An Encyclopedia on Jesus, the Christ. By Michael O'Carroll.The Search for the Origins of Christian Worship: Sources and Methods for the Study of the Early Liturgy. By Paul Bradshaw.Worship: Initiation and the Churches. By Leonel L. Mitchell.The Eucharistic Mystery: Revitalizing the Tradition. By (...) David Power.Church of Churches: The Ecclesiology of Communion. By J.‐M. Tillard.God and History, Aspects of British Theology 1875‐1914. By Peter Hinchliff.Clear Heads and Holy Hearts: The Religious and Theological Ideal of John Henry Newman. By Terrence Merrigan.The Desert Fathers on Monastic Community. By Graham Gould.John Moschos, ‘The Spiritual Meadow’. Introduction, translation and notes by John Wortley.A Gentle Touch. By David Pailin.The Eye of the Storm: Spiritual Resources for rhe Pursuit of Justice. By Kenneth Leech.The Church and the Arts. Edited by Diana Wood.Anti‐Christian Polemic in Early Islam: Abu Isa al‐Warraq's ‘Against the Trinity’. Edited by David Thomas.Bernardus Magister: Papers Presented at the Nonacentenary Celebration of the Birth of St Bernard of Clairvaux. Edited by John R. Sommerfeldt.Church and City 1000‐1500: Essays in Honour of Christopher Brooke. Edited by David Abulafia, Michael Franklin and Miri Rubin.‘Piers Plowman’ and the Problem of Belief. By Britton J. Harwood.Ignutius of Luyola: The Psychology of a Saint. By W. W. Meissner.Jerome Naahl, S. J., 1507‐1580: Tracking the First Generation of Jesuits. By William V. Bangert, edited and completed by Thomas M. McCoog.From Bishop to Witch: The System of the Sacred in Early Modern Terra d'Otranto. By David Gentilcore.Civic Politics in the Rome of Urban VIII. By Laurie Nussdorfer.Michel de Montaigne: The Complete Essays. Translated by M. A. Screech.Montaigne and Melancholy: The Wisdom of the ‘Essays’. By M. A. Screech.Religion and Philosophy. Edited by Martin Warner.What is Faith? Essays in the Philosophy of Religion. By Anthony Kenny.Truth and Hisroriciry. By Richard Campbell. (shrink)

Despite its complex experiential structure, the phenomenon of grief following bereavement has not been a major topic of phenomenological research. The paper investigates its basic structures, elaborating as its core characteristic a conflict between a presentifying and a ‘de-presentifying’ intention: In grief, the subject experiences a fundamental ambiguity between presence and absence of the deceased, between the present and the past, indeed between two worlds he lives in. This phenomenological structure will be analyzed under several aspects: regarding bodily experience, as (...) disruption of a shared intercorporeality; as a loss of the shared world and shared habitualities, leaving the bereaved person with ubiquitous indications of absence and with a contraction of their own self; regarding temporality, as a separation of two strands of time, namely a still ongoing past and an alienated present which become more and more desynchronized; finally, as an “as-if presence” of the deceased which the bereaved continue to feel and sometimes to perceive, leading to a cognitive-affective conflict between two experienced realities. The transforming process of grief is then analyzed as a gradual adjustment to the loss, finally enabling a re-integration of the conflicting realities. This is achieved through an incorporation and identification with the deceased on the one hand, and through various forms of representation on the other hand, in particular by recollection and symbolization. (shrink)

The hypothesis proposed by Macphail is that differences in intelligent behavior thought to distinguish different species were likely attributed to differences in the context of the tasks being used. Once one corrects for differences in sensory input, motor output, and incentive, it is likely that all vertebrate animals have comparable intellectual abilities. In the present article I suggest a number of tests of this hypothesis with pigeons. In each case, the evidence suggests that either there is evidence for the cognitive (...) behavior, or the pigeons suffer from biases similar to those of humans. Thus, Macphail’s hypothesis offers a challenge to researchers to find the appropriate conditions to bring out in the animal the cognitive ability being tested. (shrink)

Thomas Sattig develops a novel philosophical picture of ordinary objects such as persons, tables, and trees. He carves a middle way between classical mereology and Aristotelian hylomorphism, and argues that objects lead double lives. They are compounds of matter and form, and each object's matter and form have different qualitative profiles.

Our minds have physical effects. This happens, for instance, when we move our bodies when we act. How is this possible? Thomas Kroedel defends an account of mental causation in terms of difference-making: if our minds had been different, the physical world would have been different; therefore, the mind causes events in the physical world. His account not only explains how the mind has physical effects at all, but solves the exclusion problem - the problem of how those effects (...) can have both mental and physical causes. It is also unprecedented in scope, because it is available to dualists about the mind as well as physicalists, drawing on traditional views of causation as well as on the latest developments in the field of causal modelling. It will be of interest to a range of readers in philosophy of mind and philosophy of science. This book is also available as Open Access. (shrink)