Rawls’s Principle of Justice as Fairness and Its Application to the Issue of Same-Sex Marriage

Abstract

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal citizens because they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized.     

Nonconceptualism,Hume’s Problem,and the Deduction

Lucy Allais seeks to provide a reading of the Transcendental Deduction of the Categories which is compatible with a nonconceptualist account of Kant’s theory of intuition. According to her interpretation, the aim of the Deduction is to show that a priori concept application is required for empirical concept application. I argue that once we distinguish the application of the categories from the instantiation of the categories, we see that Allais’s reconstruction of the Deduction cannot provide an answer to Hume’s problem about our entitlement to use a priori concepts when thinking about the objects of empirical intuition. If the Deduction is to provide a response to Hume, Allais’s interpretation must be rejected.     

The Leader’s Hypnotic Influence and the Creation of Alternate Reality

The American Journal of Psychoanalysis - Psychoanalysis has traditionally been an insular practice by analysts in their offices sequestered from any outside intrusion. However, in recent years a...     

Mental powers and the soul in Kant’s Subjective Deduction and the Second Paralogism

Kant’s claim in the Subjective Deduction that we have multiple fundamental mental powers appears to be susceptible to some a priori metaphysical arguments made against multiple fundamental mental powers by Christian Wolff who held that these powers would violate the unity of thought and entail that the soul is an extended composite. I argue, however, that in the Second Paralogism and his lectures on metaphysics, Kant provides arguments that overcome these objections by showing that it is possible that a composite could ground the unity of thought, that properties are powers and therefore the soul could possess multiple powers, and the soul is a thing in itself so it cannot be an extended composite. These arguments lend additional support to the attribution of multiple mental powers to us in the Subjective Deduction.     

Saving One’s Soul or Founding a State: Morality and Politics

In his essay, ‘The Question of Machiavelli’, Isaiah Berlin notes the depth of Machiavelli's pluralism. Taking my cue from Berlin, I argue that much modern liberal political philosophy neglects this deep pluralism and, as a result, misunderstands modern political problems such as the phenomenon of religiously-motivated terrorism.The present paper was read at the Isaiah Berlin Lecture 2005, held at the University of Haifa, Center for Democratic Studies on 23 November 2005.     

For the Sake of a Stone? Inanimate Things and the Demands of Morality

Everyday inanimate things such as stones, teapots and bicycles are not objects to which moral agents could have direct duties; they do not have moral status. It is usually assumed that there is therefore no reason to think that a morally good person would, on account of her goodness, be disposed to treat them well for their own sakes. I challenge this assumption. I begin by showing that to act for the sake of an entity need not be to suppose that it has moral status, but simply to regard it as an end in itself. Having done this, I argue that it is not, as is conventionally assumed, implausible to suppose that to be morally good is to be disposed to treat at least some inanimate things gently, and to do so, moreover, for the sake of those things, rather than for some other reason.     

The publication of Salomon Reinach's ‘Orpheus’ and the question of Christian origins

A covert reason for the decline of ritual wailing among Yemenite-Jewish women in Israel is the community's memory of its stay in Yemen as a period of ‘exile’ manifested in dhimmi status. According to respondents’ oral history, Jewish lamentation was exploited by members of the majority Muslim population to compel Jews – mostly men – to wail in honor of Muslim dead. The article makes its main contribution by revealing this historical episode and analyzing the standing of women's lamentation in the context of religio-political tension. The respondents' narrative reveals that although the wailers mitigated the humiliating effects of this spectacle, the appropriation of their community custom impaired Jewish men's gender status and ability to perform religious differentiation. This, coupled with changes caused by their relocation to Israel, has made women's lament the commemoration of a practice that evokes shame among members of this community, abetting its decline in the past decade.     

Perelman’s Audience Revisted: Towards the Construction of a New Type of Audience

This article asks whether Perelman’s concepts of the audience can help us achieve a better understanding of the Internet Audience in the specific context of the recent French and American presidential elections. It concludes that Perelman’s notion of “argumentation before a single hearer” is most useful for that purpose. Applying it to Internet audience allows us to discern some of the communicative devices, such as appeal to participation and appeal to proximity, used by candidates in order to achieve a higher degree of involvement on the part of the surfers and potential voters, which in turn is translated to action by the surfers/voters on behalf of the candidate. The application of Perelman’s concept shows that on the Web the interaction between the candidate and the surfer shifts from an argumentative situation per se to a context in which what appears to be a dialogue or conversation invites connivance between rhetor and audience.

The End of the Supersensory World’s Mythology: Marx’s Ontological Revolution and Its Contemporary Significance

The whole of Western metaphysics, particularly Platonism, sets up a partition between the sensory world and the supersensory world, laying the foundation for the mythology of the supersensory world. After Descartes set contemporary metaphysics on its course, Feuerbach became the first to attack the essence of the supersensory world on an ontological level and to transfer the criticism of theology to that of metaphysics in general. While in the final analysis Feuerbach’s criticism fails, Marx’s revolution appeals to the ontological notion of “sensory activity” or “objective activity” (i.e., practice), the core of which rests in piercing and overturning the fundamental framework of contemporary metaphysics—“the immanence of consciousness.” It is this ontological revolution which reveals the camouflage of the supersensory world’s mythology (i.e., ideology) and which simultaneously establishes a solid foundation for the critical analysis of the latter. Marx’s “science of history” is based on this foundation and develops from it.     

Children’s and Adolescents’ Conceptions of Happiness at School and Its Relation with Their Own Happiness and Their Academic Performance

Previous research on children’s and adolescents’ well-being at school has been focused on the possible determinants. However, no previous research has analysed children’s and adolescents’ lay-beliefs or conceptualizations of happiness at school. In the present work, we studied children’s (N = 104, 9–10-year-olds) and adolescents’ (N = 113, 15–16-year-olds) conceptualizations of happiness at school and its link with self-reported happiness (assessed 3 months later) and academic achievement (assessed 7 months later). For both samples, seven conceptualizations emerged: happiness as ‘being with friends’, ‘being praised’, ‘getting good grades’, ‘learning’, ‘leisure’, ‘enjoyment’, and ‘helping’. Age differences appeared for the conceptualizations of ‘being friends’ and ‘helping’, as children mentioned significantly more the former and adolescents the latter. No gender differences emerged. For adolescents, the conceptualizations of happiness at school as ‘being with friends’, ‘being praised’, ‘helping’, and not ‘having leisure time’ were positively related to self-reported happiness, which was positively related to academic achievement. For children, none of the conceptualizations were positively related to self-reported happiness. The conceptualization of happiness as ‘learning’ was positively related to academic achievement. The results are discussed in regards to their implications for children’s and adolescents’ well-being at school.     

The Principle of Necessity,and the Necessity of Principle: Commentary on Steven Stern’s Paper “Holistic Thinking and Therapeutic Action: Building on Louis Sander’s Contribution”

Steven Stern’s principle of necessity underscores the importance of being open to the emergence of something new, something therapeutically vital and alive to both patient and therapist, requiring a unique alertness to the unbidden, the previously not-thought-about, the on-the-edges-of-our-experience type impressions in the course of living through the otherwise familiar and the usual. This commentary addresses Stern’s principle of necessity and, equally so, the continuing necessity of principle in analytic work—a kind of ongoing sensibility that argues for placing aside theoretical knowledge and intervention categories in favor of striving to be open to the emergence of the unusual and the unexpected, to what ultimately proves therapeutic. We strive to work at and tolerate suspending our preconceptions, our theories, and our assumptions about how things should unfold in the clinical setting—what is referred to as analytic courage.     

Natural Deduction for the Sheffer Stroke and Peirce’s Arrow (and any Other Truth-Functional Connective)

Methods available for the axiomatization of arbitrary finite-valued logics can be applied to obtain sound and complete intelim rules for all truth-functional connectives of classical logic including the Sheffer stroke (nand) and Peirce’s arrow (nor). The restriction to a single conclusion in standard systems of natural deduction requires the introduction of additional rules to make the resulting systems complete; these rules are nevertheless still simple and correspond straightforwardly to the classical absurdity rule. Omitting these rules results in systems for intuitionistic versions of the connectives in question.     

The Crimes and Punishments of the ‘Enemies of the Church’ and the Nature of Russia’s Desecularising Regime1

Following a longstanding sociological tradition, this paper looks at reactions to nonconformity in order to understand the nature of social norms. In particular, it explores the patterns and scope of intolerance towards the perceived ‘enemies of the Church’ in order to understand social norms emerging in post-atheist Russia. Utilising the ‘social drama’ approach, the paper offers a comparative case study of increasingly repressive reactions by the Russian Orthodox Church (ROC) and state to two art exhibitions at the Sakharov Museum and anti-clerical publications by a blogger in Karelia, along with an in-depth analysis of the recent (2012) Pussy Riot action at Christ the Saviour Cathedral in Moscow and the resulting trial and punishment of three of the band’s members, as well as of a variety of events that have followed this initial action. We then utilise national and cross-national representative survey data to suggest that these repressive reactions were congruent with an intolerant public sentiment towards opponents of the ROC. Ultimately, we draw on Durkheim’s dialectic of norm and deviance, work on disciplinary modalities of power by Foucault and Agamben, desecularisation analysis and social identity theory to argue that the severe punishment of the perceived ‘enemies of the Church’ and the popular support for it reflect the crystallisation of a new normative system brought about by the desecularising regime in Russia, a regime which is characterised by a symbiosis of the ROC and the state.     

Aspects of Morality and Law Enforcement in Today’s Science in Post-Soviet Countries

Many reports independently confirm that even more than a quarter of a century after the collapse of the Soviet Union, the results of research and development in those countries that were under its influence are insufficient in comparison to the rest of the world. Given that human intelligence is not distributed unevenly and that science is a powerful driving force for the future of an economy, there is a hidden problem, which, if it can be resolved, may release great economic potential. The first generation of researchers from Armenia, Czech Republic, Georgia, Slovakia and Ukraine, who successfully completed their education after the political revolution, were surveyed. The survey revealed many similarities with regards to ethics, but that there is mounting evidence that the main cause of the current situation is the state of the local legal systems. The conclusion was drawn that a conceptual change in staffing within the relevant legal systems is required to release potential and stimulate wealth creation.     

Korsgaard’s Other Argument for Interpersonal Morality: the Argument from the Sufficiency of Agency

Christine Korsgaard’s (1996, 2009) argument for the claim that one should not only value one’s own humanity but also the humanity of all other persons, ‘the publicity of reasons argument’, has been heavily criticized and I believe rightly so. However, both in an early paper (1986) and in her most recent work (forthcoming), Korsgaard does not rely on controversial, Wittgensteinian ideas regarding the publicity of reasons, but instead she uses a different argument to justify interpersonal morality, which I will refer to as ‘the argument from the sufficiency of agency’. The goal of this paper is to evaluate whether the argument from the sufficiency of agency can succeed where the publicity of reasons argument fails. I will argue that although the argument from the sufficiency of agency is potentially more promising, it fails to justify a categorical and universal principle of interpersonal morality. I argue, however, that this failure has less to do with the argument from the sufficiency of agency itself and more with Korsgaard’s specific version of it. This leaves open the possibility that other Kantian constructivist arguments from the sufficiency of agency might be more successful.     

Theory of Mind and the Video Deficit Effect: Video Presentation Impairs Children’s Encoding and Understanding of False Belief

The video deficit effect (VDE) has been demonstrated in several studies on word learning, self-recognition, and imitation: Younger children (up to 3 years old) solved tasks more easily in a direct interaction with an examiner than when instructed by video (Anderson & Pempek, 2005). Older children might also be susceptible to a VDE, especially with more complex tasks; however, evidence is sparse. Furthermore, to what extent preschoolers’ understanding of others’ mental states (theory of mind) is impaired by video presentations has not been tested. We tested 174 children of 4 and 5 years of age in a traditional change of location task for false belief understanding (cf. Baron-Cohen, Leslie, & Frith, 1985). Children were presented with the original story, enacted by adult actors, in either a video or a live demonstration. Children watched the events in 2 live conditions, either through a 1-way mirror or directly. Our results indicate a significant VDE for 4- and 5-year-old children regarding the encoding and solution of the false belief task, respectively.     

Children’s awareness and understanding of dangers at home

This study concerns children’s awareness and understanding of dangers at home. Children aged five to seven years responded to photographs depicting child models exposed to a range of dangers which may be encountered at home—involving the road, a cooker (stove), a knife, electricity, fire, medicine and climbing. Generally, the children were found to be well aware of the dangers in all the circumstances, with small age effects noted for the road, medicine, climbing, cooker and knife situations. Understanding of the consequences of exposure to danger varied across situations and a tendency to underestimate the seriousness of the potential harm was noted. This research was conducted while the author was a Visiting Research Fellow at the Department of Psychology, University of Leeds and was supported by a University of Leeds Senate Research Grant to Professor A.J. Chapman.