Freedom of speech is one of our most cherished freedoms. If there is one institution that, throughout history, has most embodied and protected this fundamental freedom, it is the university. So one...Show moreFreedom of speech is one of our most cherished freedoms. If there is one institution that, throughout history, has most embodied and protected this fundamental freedom, it is the university. So one would expect the freedom to express almost anything on campus. One would be gravely mistaken. This paper argues that, in a relatively recent trend on American universities, views deemed offensive, hateful or discriminatory are increasingly censored. Free speech is stifled by means of speech codes, free speech zones, no-platforming controversial speakers and much more. After having examined the severity of free speech restrictions in part one, part two of this paper presents a defence of a Millian, or ‘broad’, understanding of free speech. Following John Stuart Mill, broad free speech allows for the expression of almost any view, including those found offensive, hateful or discriminatory. For allowing all views to be heard is essential to the university’s goals of establishing the truth and forming the students into critical thinkers. Finally, arguments in favour of free speech restrictions on universities are discussed and refuted accordingly. In concluding, this paper advises universities to refuse to implement free speech restrictions, as these are antithetical to the goals of the university.Show less
This thesis analyses the authority of international law from the perspective of international legal positivism. The traditional approach that takes the state’s will as the foundation of...Show moreThis thesis analyses the authority of international law from the perspective of international legal positivism. The traditional approach that takes the state’s will as the foundation of international law is problematic as it results in the voluntarist dilemma. For international law to have objective power, a state should be incapable of escaping its authority by its own will even though this will is what constituted international law in the first place. The incompatibility of this would mean that international law’s authority is actually based on a ‘special’ will that is external to the wills of states. Georg Jellinek devised a theory of international law that supposedly accounts for international law’s objective authority while maintaining the state’s will as its foundation. His theory is built on what he calls “the normative force of the factual”, but falls short as it cannot withstand Hume’s law. Herbert Hart’s theory of law is more promising as it leaves the state’s will out of the equation and focuses on legal practice to understand the necessary features of a legal system. International law, however, is “law” but not a legal system. This thesis challenges Hart’s understanding of international law as “law” and argues that there is an international legal system consisting of primary and secondary rules.Show less
War brings about destruction and loss of human life, and should be avoided at all cost. Unfortunately, sometimes, the same values that makes us want to avoid war are the ones that need defending....Show moreWar brings about destruction and loss of human life, and should be avoided at all cost. Unfortunately, sometimes, the same values that makes us want to avoid war are the ones that need defending. At times, war is necessary to put an end to destruction and attacks on human life and restore a status quo based on these moral values. Looking at various tools, most notably contemporary just war theory, this master thesis will argue that the Western military powers have a moral right – if not a moral duty towards the oppressed foreign populations as well as their own citizens – to intervene militarily in Syria and Iraq, where the so-called Islamic State spreads fear, chaos and destruction. There is a caveat to this, however. Those who intervene must carefully consider their chances of success and assure a just peace in the wake of the violence that rules there. A just intention is meaningless if the end is not just too.Show less
Our economic activities have great effect on the life sustaining systems of our earth. The prevention of rising above a critical ecological ceiling is an important social goal. Simultaneously, a...Show moreOur economic activities have great effect on the life sustaining systems of our earth. The prevention of rising above a critical ecological ceiling is an important social goal. Simultaneously, a focus on providing all people with a social foundation should be a central endeavour. These goals are inextricably linked; a breach of the ecological ceiling, through human activity, has detrimental effects on the social foundation. In my analysis of these issues in the areas of philosophy and economics I have arrived at the following requirements, which serve as an addendum to Rawls’ principles of justice and his just savings principle. In order to aid the pursuit of intergenerational justice, in particular in the face of anthropogenic climate change, we should: 1. adopt a positive savings rate, so as to explicitly define the obligation to focus our policies on providing for the least well-off transgenerationally; 2. adopt a policy of agnostic growth, where we focus on good climate policy instead of steering for growth, allowing for a Pareto-efficient balance between growth and social welfare from the economic production processes, and 3. embed these policies in circular economy, where resources are protected and a sustainable social environment is nurtured.Show less
Martha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical...Show moreMartha Nussbaum provides with her capabilities approach some interesting ideas that might improve the current human rights doctrine substantially. However, Charles Beitz – who bases his practical conception on the existing human rights practices – questions if the capabilities approach can adequately cope with feasibility constraints. In this thesis, I will examine the relation of capabilities and human rights, and argue that the capabilities approach can account for Beitz’s feasibility-concerns. In addition, I will suggest that Beitz places feasibility constraints too central in his theory, and incorrectly assumes his practice-based method does not need a normative basis.Show less
An elected representative has the obligation to make decisions based on how this affects the population. There are various organized groups which seek to actively influence politicians in the...Show moreAn elected representative has the obligation to make decisions based on how this affects the population. There are various organized groups which seek to actively influence politicians in the decision-making process. This raises the question how a representative should deal with these organized groups, which we normally call lobbyists. In this thesis I will look at lobbying from a philosophical perspective. I will answer the question how lobbying influences democracy and how it affects democratic legitimacy. This will be done based on three accusations, that lobbying can create imbalances in decision-making, that lobbying can lead to a lack of transparency, and the accusation that lobbyists use immoral practices. I will first discuss different types of democracy and what the important features and requirements of a democracy are, and what exactly we mean by lobbying. Following this I will discuss the second accusation as well as the positive aspects lobbying can have on democracy. Positive aspects include the fact that lobbying allows for an exchange of information between politicians and external parties, that lobbying can lead to better representation by politicians because citizens can contact government officials directly, and the fact that lobbying can lead to increased publicity. Following this I will discuss possible solutions to the problems of lobbying. The first solution we will discuss states that publicity in the government is a strong way to counter many of the problems of lobbying. The second way to solve the problems of lobbying is by turning towards a more deliberative mode of democracy.Show less
