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Freud's psychosexual development
Freud's psychosexual development
Freud's psychosexual development
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Can the critique of the project of neutralizing the functioning of the law be consistent with a project of political autonomy? To discuss the question stated in the essay subject, one should first think what the political autonomy is. Autonomy itself is quite a broad philosophical concept and when referred to an individual, basically means an ability to live accordingly to one’s own beliefs and follow one’s own reason, will, motives, etc. The whole notion of autonomy comes from ancient Greece and literally means self-governance. This idea has appeared especially vividly in the writings of Kant and John Stuart Mill. However, the notion of political autonomy is more specific than the general idea of it. Although approaches of various philosophers …show more content…
If one takes into consideration how Kant defined both the notion of political autonomy and categorical imperative, it seems possible to achieve depoliticisation of the agents in charge of the law (assuming that they are following this imperative). The German philosopher defines the political autonomy as a situation in which if an individual’s actions observe the universal law, he/ she should be entitled to perform any action which coexists with freedom of every other individual (Kant 1996, 387). Simultaneously knowing that Kant derived the concept of his categorical imperative from an assumption that everybody shares pure practical reason one can understand that the possibility of applying it is universal. Therefore, those who are responsible for creating and executing the law in the society should be capable of becoming fully depoliticized and able to act in such a way that would protect the political autonomy. Here the first serious concern about the efficiency of neutralizing the function of the law arises. Kant’s approach assumes that what should guide individual’s actions is the pure practical reason. In contrary, Freud sees human beings as being driven mainly by their instincts, among ones most vivid ones are a desire for sex and aggression. It would be very complicated to theoretically, based on logical arguments, judge whose …show more content…
A key notion in establishing political autonomy from Mill’s point of view is not – inference. It also means lack of predetermined values standing behind the established law, as having such might put the rule of non-interfering in danger. Here also arises quite a valid question on the possibility of neutralizing the functioning of the law. If those responsible for establishing and executing law decide to embrace Mill’s approach towards the proper organization of the state, they do it basing on accepting values proposed by the philosopher (in this case the calculus of the utilities). Therefore, even in a situation, when a political autonomy (as understood by Mill) is aimed, full depoliticisation of the agents in charge of the functioning of the law is not possible (as they do not stay neutral to some particular values). After analyzing chances of succeeding with the project of neutralizing the functioning of the law, one can draw a conclusion that achieving this goal is impossible. This conclusion is backed both by critical view on the human nature presented by Freud and exhibiting logical contradiction in the non-interference principle. Having strong fundaments to assume that the critique of neutralizing the functioning of the law is well – grounded, one can discuss
Ideally, all through Occidental account, lawless types of administration, for instance totalitarianism, have been deemed as tainted by description. Therefore, in case the government essence is described as justice, and in case it is appreciated that regulations are the calming energies in the public matters of men (as certainly it at all times has been from the time of Plato called upon Zeus, the boundaries god), at that moment, the trouble of the body politic movement along with the acts of its residents occurs (Arendt 366-7). Actually, this dehumanizes them to some degree. This is for the fact that as a consequence of constitutional government ‘Lawfulness’ remains a unconstructive decisive factor in to the extent that it sets the boundaries to other than not capable of explaining the human’s actions’ intention force: the enormity, except as well the confound of rules in sovereign communities is that they merely notify what one is not supposed to, other than by no means what one is supposed to do (Arendt 367). For that reason, Arendt puts downs an immense store by Montesquieu breakthrough of the code of act ruling the deeds of both administration and the individuals under it: in a democracy-virtue, in monarchy-honor, and in totalitarian government-fear (Arendt
Can certain people assume absolute rights over others? Do people deserve a voice in determining what goes on in their lives as well as their country? Are people liable for their own actions? The questions asked above all fall under one theme that will be discussed: autonomy and responsibility. The American Heritage Dictionary defines the word ‘autonomy’ as self-government or the right to self-government; self-determination; independence.
In legal theory, there is a great debate over whether or not law should be used to enforce morality. The sides of the debate can be presented as a continuum. At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual. According to this view, a democracy cannot limit or enforce morality. At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values. For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should have as small a role as possible. In between these two extremes sit the liberal egalitarians, who attempt to reconcile democratic decision-making about moral values with liberalism. The problem is made more complex when one considers that both law and morality are contested concepts. Two recent cases where this continuum can be illustrated are Canada [Attorney-General] vs. Mossap, and Egan vs. Canada. In this essay, I will attempt to explore some of the issues produced in these two cases. I will begin with a summary each case, followed by an analysis of the major themes involved. I will then place the issues in a larger, democratic framework, and explore the role of law in enforcing morality in a democracy. I will then prove how the communitarian position - as articulated by Patrick Devlin - supports the decisions given in Mossap and Egan, and how even the great proponents of libertarianism - Mill and von Hayek - would agree that the decisions were just. A conclusion will then follow.
After reading both articles, “Paternalism” by Dworkin and “On Liberty” by Mill, I believe that Dworkin is correct in explaining that some intervention is necessary under certain circumstances. I have come to this conclusion based on the fact that there do exist circumstances in which an individual is incapable of making a rational decision considering not only the well being of himself, but also the well being of other members of society. Also, the argument that the protection of the individual committing the action in question is not reason enough to interfere with the action is ludicrous in that one of our governments main reasons for existence is to protect the members of our society. This protection includes protection from ourselves at times when we are unable to rationally decide what is in our best interests. This essay will consist of an examination of this controversy as well as an application of my proposed conclusion.
The focus of this paper will be on criticizing the argument. He effectively explains what justifies the authority of the state by giving reasons that anarchy is better for autonomous nature of man. One might agree that the state can command an individual to obey the rule even if it is against the person’s moral beliefs. His argument, however, seems to undermine the
For these reasons and others, some liberal academics and politicians may reject the ‘positive’ conception of rights protection, preferring individuals to make their own decisions and to expand the realm of personal responsibility. For others, state intervention tends to be viewed as only necessary when it 'helps individuals to help themselves'. Once social disadvantage and hardship are abolished, citizens should be left alone to take responsibility for their own lives. In this way welfarism can be embraced, whilst the liberal preference for negative liberty, secured by minimal intervention, still stands.
John Locke (1632-1704) and John Stuart Mill (1806-1873) are two important thinkers of liberty in modern political thought. They have revolutionized the idea of human freedom at their time and have influenced many political thinkers afterwards. Although their important book on human freedom, John Locke’s The Second Treatise of Government (1689) and John Mill’s On Liberty (1859), are separated 170 years, some scholars thinks that they are belonging to the same conceptual tradition, English Liberalism. In this essay, I will elaborate John Locke and John Stuart Mill view on human freedom and try to find the difference between their concept of human freedom despite their similar liberal tradition background.
The writings of Locke on the subject of revolution in his second treatise of government were one of the founding and seminal texts on the “right” of a populace to resist the power of the state if a government was to overstep its defined power and become an unjust tyranny. Kant, however, took what could be labelled a surprising view for a republican and made the denial of the logical and legal coherence of this “right”, as well as the potential harm caused by the rejection of what Kant saw as an individual's moral duty in maintaining the rule of law by the preservation of a government. This essay aims to examine the arguments put forward by both thinkers, draw out their key foundations and assess their coherence with the component parts of their arguments, as well as their wider philosophy. It is my conclusion that whilst Locke's stance on the matter clearly stems from his key ideological tenets of inalienable individual rights and the duty of self preservation, Kant's argument sits uneasily with his stance on moral autonomy, as well as leaving certain areas (such as the right to resist on the grounds of injustice) untouched, and thus is lacking in both scope and coherence when placed in comparison to the writings of Locke.
Immanuel Kant addresses a question often asked in political theory: the relationship between practical political behavior and morality -- how people do behave in politics and how they ought to behave. Observers of political action recognize that political action is often a morally questionable business. Yet many of us, whether involved heavily in political action or not, have a sense that political behavior could and should be better than this. In Appendix 1 of Perpetual Peace, Kant explicates that conflict does not exist between politics and morality, because politics is an application of morality. Objectively, he argues that morality and politics are reconcilable. In this essay, I will argue two potential problems with Kant’s position on the compatibility of moral and politics: his denial of moral importance in emotion and particular situations when an action seems both politically legitimate and yet almost immoral; if by ‘politics’, regarded as a set of principles of political prudence, and ‘morals’, as a system of laws that bind us unconditionally.
John Stuart Mill discusses the concept of liberty in many ways. I’d like to focus on his ideas of the harm principle and touch a little on his thoughts about the freedom of action. The harm principle and freedom of action are just two subtopics of Mill’s extensive thoughts on the concept of liberty. Not only do I plan to discuss and explain each of these parts of the conception of liberty, but I also plan to discuss my thoughts and feelings. I have a few disagreements with Mill on the harm principle; they will be stated and explained.
Kant’s moral philosophy is very direct in its justification of human rights, especially the ideals of moral autonomy and equality as applied to rational human beings. John Stuart Mills’ theory of utilitarianism also forms a solid basis for human rights, especially his belief that utility is the supreme criterion for judging morality, with justice being subordinate to it. The paper looks at how the two philosophers qualify their teachings as the origins of human rights, and comes to the conclusion that the moral philosophy of Kant is better than that of Mills. Emmanuel Kant Kant’s moral philosophy is built around the formal principles of ethics rather than substantive human goods. He begins by outlining the principles of reasoning that can be equally expected of all rational persons, regardless of their individual desires or partial interests.
If we desire X, we ought to do Y. However, categorical imperatives are not subject to conditions. The Categorical Imperative is universally binding to all rational creatures because they are rational. Kant proposes three formulations: the Categorical Imperative in his Groundwork for the Metaphysics of Morality, the Universal Law formulation, Humanity or End in Itself formulation, and Kingdom of Ends formulation. In this essay, the viability of the Universal Law formulation is tested by discussing two objections to it, mainly the idea that the moral laws are too absolute and the existence of false positives and false negatives.
A key feature of the unwritten constitution is ‘the Separation of Powers’. This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group. Cooperating with one...
...nturies. Mill presents a clear and insightful argument, claiming that the government should not be concerned with the free will of the people unless explicit harm has been done to an individual. However, such ideals do not build a strong and lasting community. It is the role of the government to act in the best interests at all times through the prevention of harm and the encouragement of free thought.
To summarise, this essay has shown that the concept of impartiality is a relationship between a moral agent and a particular group. It requires that one be not influenced by which member of the group is benefited or harmed by his or her actions. Moreover, it has also shown that impartiality is a necessary condition for the ethical theories of utilitarianism and deontology. Such theories, however, cannot account for human intuition that suggests that it is acceptable to be partial in some circumstances. Finally, this essay has shown that the conflict between partiality and impartiality has not been resolved. As such, the request to be impartial with regard to morality does demand too much.