Theoria

The contradiction in conception test (CC test) is one of two tests posed by Kant’s Formula of the Law of Nature. This article proposes a new interpretation of this test: a causal-teleological version of the Logical Contradiction Interpretation (LCI). Its distinctive feature is that it identifies causal and teleological implications in the thought of a universal law of nature. A causal-teleological version of LCI has two advantages. While the established view of the Groundwork’s applications of the CC test is a hybrid view that treats the Groundwork’s arguments as different in kind, a causal-teleological version of LCI unifies the Groundwork’s applications of the CC test. Relatedly, a causal-teleological version of LCI provides a solution to the problem of how the CC test can confirm the impermissibility of a self-directed maxim.

This article advances what it calls the ‘Impossibility Result’: it is impossible to claim that the reduction of exploitation leads to the improvement of efficiency. The Impossibility Result is the inevitable result of the proposed conceptual difference between ‘injustice’ and ‘exploitation’. Injustice occurs when one member of a society deviates from the norms and the legal rules concerning how one should treat other members of that society. Exploitation occurs when one member of a society takes advantage of entities such wild animals, cattle, a field of vegetables, or other people that lie outside the boundary of that society. In many cases of exploitation, the exploited may derive some benefit, as in the case when enslavement is better than death. In other cases of exploitation, the exploited may derive zero benefit, called here ‘harm’, as in the case when a deer is hunted.

In this article, I question the plausibility of Metz’s African moral theory from an oft neglected moral topic of partiality. Metz defends an Afro-communitarian moral theory that posits that the rightness of actions is entirely definable by relationships of identity and solidarity (or, friendship). I offer two objections to this relational moral theory. First, I argue that justifying partiality strictly by invoking relationships (of friendship) ultimately fails to properly value the individual for her own sake – this is called the ‘focus problem’ in the literature. Second, I argue that a relationship-based theory cannot accommodate the agent-related partiality since it posits some relationship to be morally fundamental. My critique ultimately reveals the inadequacy of a relationship-based moral theory insofar as it overlooks some crucial moral considerations grounded on the individual herself in her own right.

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy.