Kant: the Metaphysical Elements of Justice
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The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, Report Was Prepared by the World Justice Project
World Justice .:�=; Project World Justice Project ® Rule of Law Index 2020 The World Justice Project Rule The World Justice Project of Law Index® 2020 The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, report was prepared by the World Justice Project. Kamel Ayadi, William C. Hubbard, Hassan Bubacar The Index’s conceptual framework and methodology Jallow, Suet-Fern Lee, Mondli Makhanya, Margaret were developed by Juan Carlos Botero, Mark David McKeown, William H. Neukom, John Nery, Ellen Agrast, and Alejandro Ponce. Data collection and Gracie Northfleet, James R. Silkenat and Petar Stoyanov. analysis for the 2020 report was performed by Lindsey Bock, Erin Campbell, Alicia Evangelides, Emma Frerichs, Directors Emeritus: President Dr. Ashraf Ghani Ahmadzai Joshua Fuller, Amy Gryskiewicz, Camilo Gutiérrez Patiño, Matthew Harman, Alexa Hopkins, Ayyub Officers: Mark D. Agrast, Vice President; Deborah Ibrahim, Sarah Chamness Long, Rachel L. Martin, Jorge Enix-Ross, Vice President; Nancy Ward, Vice A. Morales, Alejandro Ponce, Natalia Rodríguez President; William C. Hubbard, Chairman of the Cajamarca, Leslie Solís Saravia, Rebecca Silvas, and Board; Gerold W. Libby, General Counsel and Adriana Stephan, with the assistance of Claudia Secretary; William H. Neukom, Founder and CEO; Bobadilla, Gabriel Hearn-Desautels, Maura McCrary, James R. Silkenat, Director and Treasurer. Emma Poplack, and Francesca Tinucci. The report was produced under the executive direction of Elizabeth Executive Director: Elizabeth Andersen Andersen. Chief Research Officer: Alejandro Ponce Lead graphic designer for this report was Priyanka Khosla, with assistance from Courtney Babcock. The WJP Rule of Law Index 2020 report was made possible by the generous supporters of the work of the Lead website designer was Pitch Interactive, with World Justice Project listed in this report on page 203. -
Treatise of Human Nature Book III: Morals
Treatise of Human Nature Book III: Morals David Hume 1740 Copyright © Jonathan Bennett 2017. All rights reserved [Brackets] enclose editorial explanations. Small ·dots· enclose material that has been added, but can be read as though it were part of the original text. Occasional •bullets, and also indenting of passages that are not quotations, are meant as aids to grasping the structure of a sentence or a thought. Every four-point ellipsis . indicates the omission of a brief passage that seems to present more difficulty than it is worth. Longer omissions are described, between brackets, in normal-sized type. First launched: October 2008 Contents Part i: Virtue and vice in general 234 1: Moral distinctions aren’t derived from reason.......................................... 234 2: Moral distinctions are derived from a moral sense...................................... 242 Part ii: Justice and injustice 246 1: Justice natural or artificial?................................................... 246 2: The origin of justice and property................................................ 250 3: The rules that settle who owns what.............................................. 260 4: The transference of property by consent............................................ 266 5: The obligation of promises..................................................... 267 6: Further thoughts about justice and injustice......................................... 272 Treatise III David Hume 7: The origin of government..................................................... 275 -
Immanuel Kant Was Born in 1724, and Published “Religion Within The
CHAPTER FIVE THE PHENOMENOLOGY AND ‘FORMATIONS OF CONSCIOUSNESS’ It is this self-construing method alone which enables philosophy to be an objective, demonstrated science. (Hegel 1812) Immanuel Kant was born in 1724, and published “Religion within the limits of Reason” at the age of 70, at about the same time as the young Hegel was writing his speculations on building a folk religion at the seminary in Tübingen and Robespierre was engaged in his ultimately fatal practical experiment in a religion of Reason. Kant was a huge figure. Hegel and all his young philosopher friends were Kantians. But Kant’s system posed as many problems as it solved; to be a Kantian at that time was to be a participant in the project which Kant had initiated, the development of a philosophical system to fulfill the aims of the Enlightenment; and that generally meant critique of Kant. We need to look at just a couple of aspects of Kant’s philosophy which will help us understand Hegel’s approach. “I freely admit,” said Kant , “it was David Hume ’s remark [that Reason could not prove necessity or causality in Nature] that first, many years ago, interrupted my dogmatic slumber and gave a completely differ- ent direction to my enquiries in the field of speculative philosophy” (Kant 1997). Hume’s “Treatise on Human Nature” had been published while Kant was still very young, continuing a line of empiricists and their rationalist critics, whose concern was how knowledge and ideas originate from sensation. Hume was a skeptic; he demonstrated that causality could not be deduced from experience. -
Mohist Theoretic System: the Rivalry Theory of Confucianism and Interconnections with the Universal Values and Global Sustainability
Cultural and Religious Studies, March 2020, Vol. 8, No. 3, 178-186 doi: 10.17265/2328-2177/2020.03.006 D DAVID PUBLISHING Mohist Theoretic System: The Rivalry Theory of Confucianism and Interconnections With the Universal Values and Global Sustainability SONG Jinzhou East China Normal University, Shanghai, China Mohism was established in the Warring State period for two centuries and half. It is the third biggest schools following Confucianism and Daoism. Mozi (468 B.C.-376 B.C.) was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times. However, Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology. In this article, the author tries to illustrate the three potential functions of Mohism: First, the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China; second, the interconnections with the universal values of the world; third, the biological constructive function for global sustainability. Mohist had the fame of one of two well-known philosophers of his times, Confucian and Mohist. His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han (202 B.C.-220 C.E.) dynasties. Sun Yet-sen (1902) adopted Mohist concepts “to take the world as one community” (tian xia wei gong) as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and “impartial love” (jian ai). -
5. What Matters Is the Motive / Immanuel Kant
This excerpt is from Michael J. Sandel, Justice: What's the Right Thing to Do?, pp. 103-116, by permission of the publisher. 5. WHAT MATTERS IS THE MOTIVE / IMMANUEL KANT If you believe in universal human rights, you are probably not a utili- tarian. If all human beings are worthy of respect, regardless of who they are or where they live, then it’s wrong to treat them as mere in- struments of the collective happiness. (Recall the story of the mal- nourished child languishing in the cellar for the sake of the “city of happiness.”) You might defend human rights on the grounds that respecting them will maximize utility in the long run. In that case, however, your reason for respecting rights is not to respect the person who holds them but to make things better for everyone. It is one thing to con- demn the scenario of the su! ering child because it reduces overall util- ity, and something else to condemn it as an intrinsic moral wrong, an injustice to the child. If rights don’t rest on utility, what is their moral basis? Libertarians o! er a possible answer: Persons should not be used merely as means to the welfare of others, because doing so violates the fundamental right of self-ownership. My life, labor, and person belong to me and me alone. They are not at the disposal of the society as a whole. As we have seen, however, the idea of self-ownership, consistently applied, has implications that only an ardent libertarian can love—an unfettered market without a safety net for those who fall behind; a 104 JUSTICE minimal state that rules out most mea sures to ease inequality and pro- mote the common good; and a celebration of consent so complete that it permits self-in" icted a! ronts to human dignity such as consensual cannibalism or selling oneself into slav ery. -
Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor
1 On the Philosophical Foundations of Medical Ethics: Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor Ethics, Medicine and Public Health (Available online 22 November 2017). Abstract This article aims to trace back some of the theoretical foundations of medical ethics that stem from the philosophies of Aristotle, Immanuel Kant, John Stuart Mill and John Rawls. The four philosophers had in mind rational and autonomous human beings who are able to decide their destiny, who pave for themselves the path for their own happiness. It is argued that their philosophies have influenced the field of medical ethics as they crafted some very important principles of the field. I discuss the concept of autonomy according to Kant and JS Mill, Kant’s concepts of dignity, benevolence and beneficence, Mill’s Harm Principle (nonmaleficence), the concept of justice according to Aristotle, Mill and Rawls, and Aristotle’s concept of responsibility. Key words: Aristotle, Immanuel Kant, John Stuart Mill, autonomy, beneficence, benevolence, dignity, justice, nonmaleficence, responsibility, John Rawls Introduction What are the philosophical foundations of medical ethics? The term ethics is derived from Greek. ἦθος: Noun meaning 'character' or 'disposition'. It is used in Aristotle to denote those aspects of one's character that, through appropriate moral training, develop into virtues. ἦθος is related to the adjective ἠθικός denoting someone or something that relates to disposition, e.g., a philosophical study on character.[1] 2 Ethics is concerned with what is good for individuals and society. It involves developing, systematizing, defending, and recommending concepts of right and wrong behaviour. The Hippocratic Oath (c. -
Mohist Approach to the Rule-Following Problem
Comparative Philosophy Volume 4, No. 1 (2013): 41-66 Open Access / ISSN 2151-6014 www.comparativephilosophy.org MOHIST APPROACH TO THE RULE-FOLLOWING PROBLEM CHUNG-I LIN ABSTRACT: The Mohist conceives the dao-following issue as “how we can put dao in words and speeches into practice.” The dao-following issue is the Mohist counterpart of Wittgenstein’s rule-following problem. This paper aims to shed light on the rule-following issue in terms of the Mohist answer to the dao-following problem. The early Mohist takes fa (法, standard)and the later Mohist takes lei(類, analogy)as the key to the dao- following issue. I argue that the way of fa is not viable. Fa comes in various forms, but all of them are regarded as being cut off from everyday life and therefore subject to various interpretations and, hence, incapable of action-guiding. On the other hand, the Mohist lei represents a kind of life world action drama. A lei situates various elements of action in the context of an everyday life scene. I argue that lei is more qualified than fa in answering to the dao-following issue. I also show that lei substantializes what McDowell calls the “course between a Scylla and a Charybdis” hinted in terms of Wittgenstein’s idea of “custom,” “practice,” and “institution” in regard to the rule-following problem. Keywords: rule-following, dao-following, McDowell, Mohist, lei, fa 1. INTRODUCTION1 “What is it to follow dao (道, the Way)?” is a main theoretical and practical concern that pre-Qin (秦) thinkers unite. -
Adam Smith on Justice, Rights, and Law David Lieberman
Adam Smith on Justice, Rights, and Law David Lieberman Jurisprudence and Social Policy Program University of California, Berkeley [forthcoming in Knud Haakonssen (ed.), Cambridge Companion to Adam Smith (Cambridge University Press)] Preliminary Draft - please do not cite or quote December, 1999 Adam Smith on Justice, Rights and Law 1. The Unexecuted Account of Law and Government “I shall in another discourse,” Adam Smith reported in the final paragraph of The Theory of Moral Sentiments, “endeavour to give an account of the general principles of law and government, and of the different revolutions they have undergone in the different ages and periods of society …” (TMS.VII.iv.37). Smith’s announcement of this future volume on the general principles of law and government - originally presented in the 1759 first edition of his moral treatise - was then reissued over the next three decades in all the subsequent editions of The Theory of Moral Sentiments published in Smith’s own lifetime. Even the heavily-revised sixth edition of 1790, published in the year of Smith’s death, retained the passage; though by this time Smith acknowledged that his “very advanced age” left him “very little expectation” of completing “this great work” which some thirty years earlier he “entertained no doubt of being able to execute” in its entirety (TMS, “Advertisement”, p.3) i. As in the case of Smith’s two most famous publications, the projected work on “the general principles of law and government” took shape as part of Smith’s duties as a professor at Glasgow University. He had, in fact, first lectured on law and jurisprudence even before he received election in 1751 to the first of his two Glasgow chairs. -
When the Kingdom of God Became the Kingdom of Ends: Altruism’S Development Into a Normative Ideal
When the Kingdom of God Became the Kingdom of Ends: Altruism’s Development into a Normative Ideal A Senior Honor Thesis Presented in partial fulfillment of the requirements for graduation with distinction in Political Science in the College of Social and Behavioral Sciences by Benjamin T. Jones The Ohio State University December 10, 2006 Project Advisors: John M. Parrish, Department of Political Science (Loyola Marymount University) Michael A. Neblo, Department of Political Science (The Ohio State University) Table of Contents Abstract ii Acknowledgements iii Introduction 1 The Paradox at the Heart of Altruism 4 Defining Altruism and Normativity 6 What Are We Looking For? 11 Roadmap of What’s to Come 14 Part I Towards a Problem: The Ancient Debate over Public Life 17 Eudaimonia and Ancient Ethics 18 Plato and Aristotle 24 Epicurus and the Stoics 40 A Solution from an Unlikely Source 47 Augustine’s Reconciliation of the Two Cities 55 Conclusion 63 Part II Self-Love’s Fall from Grace: How Normative Altruism Developed out of the Augustinian Tradition 65 Entangled in Self-love: Augustine’s Normative Argument 67 Augustine Goes Secular 75 Kant’s Problematic Solution 83 Reworking Kant—And Altruism 89 Conclusion 91 Part III The Problems with Normative Altruism 93 Two Conceptions of Altruism 93 Evidence for Altruism on a Descriptive Level 95 Motivational Barriers to Normative Altruism 113 Changing the Way We Talk About Altruism 121 Conclusion 126 Bibliography 131 i Abstract In contemporary moral philosophy, altruism holds a place of prominence. Although a complex idea, the term seeps into everyday discourse, by no means confined to the esoteric language of philosophers and psychologists. -
The Justice for All Act
U.S. Department of Justice Office of Justice Programs Office for Victims of Crime A PRIL 2006 The Justice for All Act What Is the Justice What the Justice for (3) The right not to be excluded from any such public court proceeding, for All Act? All Act of 2004 unless the court, after receiving clear and convincing evidence, he Justice for All Act of 2004 (H.R. Contains determines that testimony by the 5107, Public Law 108-405) (the Act) T ■ Scott Campbell, Stephanie Roper, victim would be materially altered was signed into law by President George Wendy Preston, Louarna Gillis, and if the victim heard other testimony W. Bush on October 30, 2004. The Act Nila Lynn Crime Victims’ Rights at that proceeding. contains four major sections related to Act crime victims and the criminal justice (4) The right to be reasonably heard at process. Some of the purposes of the ■ Debbie Smith Act of 2004 any public proceeding in the district Act are to protect crime victims’ rights, ■ DNA Sexual Assault Justice Act court involving release, plea, sen- eliminate the substantial backlog of of 2004 tencing, or any parole proceeding. DNA samples collected from crime scenes and convicted offenders, and ■ Innocence Protection Act of 2004 (5) The reasonable right to confer with improve and expand the DNA testing the attorney for the Government in The purpose of this fact sheet is to pro- capacity of federal, state, and local the case. vide information about the Scott Camp- crime laboratories. bell, Stephanie Roper, Wendy Preston, (6) The right to full and timely restitu- The first section of the Act establishes Louarna Gillis, and Nila Lynn Crime tion as provided in law. -
On Dealing with Kant's Sexism and Racism
SGIR Review 2, no. 2, 3-22 © SGIR Review, 2019 ISSN 2577-025X On Dealing with Kant’s Sexism and Racism Pauline Kleingeld, University of Groningen §1. Introduction Immanuel Kant is known as an ardent defender of the moral equality and inviolable dignity of all humans. Yet he also contended that men are naturally superior to women and—for much of his life—that “whites” are naturally superior to other “races.” On these grounds, he defended the rule of men over women and—again for much of his life—the rule of whites over the rest of the world. Kant is no exception in having held sexist and racist views, and we should not regard his views as a matter of merely contingent personal prejudice. Sexism and racism were endemic features of the Western philosophical discourse of his era and of the belief systems, social practices, and political institutions that form the historical context of this discourse. Kant’s case is especially poignant, however. He is one of the greatest philosophers of all time, he was able to break with received opinions on many other issues, and he formulated egalitarian moral principles that he claimed to be valid for all human beings—and indeed more broadly still, for all rational beings. Yet he long defended European colonial rule over the rest of the world and the enslavement, by “whites,” of those he racialized as being “yellow,” “black,” “copper-red,” and “mixed”- race. Late in life, around his 70th birthday, Kant dropped the thesis of racial hierarchy and began to criticize European colonialism, but he never made parallel revisions to his account of the status of women. -
Foundations for Ethics
SECTION I Foundations for Ethics Change happens whether we want it or not. ▸ Introduction ealth care is in a constant state of change and challenge, which is likely to continue into its future. Therefore, this quote from the ancient philosopher, Heraclitus, rings true Hfor healthcare administrators (HCAs). In this introduction, consider an example of how change can affect care and its ethics. For example, the rapid growth of technology promises more efficient and effective care along with the ability to treat health conditions and improve outcomes. Of course, technology’s impressive outcomes will also bring challenges for health administrators in the areas of finance, staffing, and patient demands. How does this climate of change affect the HCA’s ability to pro- vide both fiscally sound and ethics- based health care? First, HCAs need to continue providing an environment where patients receive both appropriate and compassionate care. In addition, they must create, adapt, and support the complex healthcare system structure that responds to change. As stewards of current and future resources, HCAs are required to protect these resources and ensure that they are used ethically. These serious responsibilities can only increase in this epoch of change. To address these concerns, HCAs must also be prepared to go beyond patient care. They must respond to the business needs of health care with respect to the patient, staff members, organization, © Panuwat Dangsungnoen/EyeEm/Getty Images Dangsungnoen/EyeEm/Getty © Panuwat and the community. This challenge requires HCAs to have a base in ethics and apply their professional knowledge and skills. In addition, these challenges mandate a deeper application of ethics through appropriate behaviors that maintain both personal integrity and that of their organizations.