Contrasting two models of deliberative democratic multiculturalism, one by Seyla Benhabib and another by Luis Villoro, this paper contends that the differences between these two models outweigh the similarities, and that Villoro’s model is more promising insofar as it preserves the trust required in the institutions that mediate democratic deliberation in multicultural societies.

Debates in feminist political philosophy often focus on what problematic(s) to use in order to understand normative ideals, gendered differences, and their histories. For the purposes of this chapter, I will contrast two important problematics in these debates, the procedural/deliberative politics in the tradition of Critical Theory, represented here by Seyla Benhabib, and the poststructuralist or postmodern politics, represented here by Judith Butler. The goal of the contrast will be to set up the contribution that Gadamer’s work can (...) make to contemporary feminist philosophy. (shrink)

Debates in feminist political philosophy often focus on what problematic(s) to use in order to understand normative ideals, gendered differences, and their histories. For the purposes of this chapter, I will contrast two important problematics in these debates, the procedural/deliberative politics in the tradition of Critical Theory, represented here by Seyla Benhabib, and the poststructuralist or postmodern politics, represented here by Judith Butler. The goal of the contrast will be to set up the contribution that Gadamer’s work can (...) make to contemporary feminist philosophy. (shrink)

Sind die Menschenrechte primär Ausdruck einer politischen Praxis und die Idee der Menschenrechte eine Art „Überbau“, den die Praxis epiphänomenal hervorbringt? Oder ist die Praxis der Menschenrechte das Ergebnis der Verwirklichung einer normativen Idee, die unabhängig von ihr existiert? Ist die Idee der Menschenrechte die Bedingung dafür, dass es die Praxis der Menschenrechte geben kann? Oder gibt es einen Vorrang der Praxis vor der Idee? In meinem Aufsatz argumentiere ich für zwei These: 1. These: Menschenrechte sind prinzipiell unabhängig von jeder (...) bestehenden rechtlichpolitischen Praxis und sind zugleich untrennbar an bestimmte rechtlich-politische Praktiken geknüpft. Darin besteht der konstitutive Widerspruch der Menschenrechte. 2. These: Aus diesem Widerspruch folgt nicht, dass wir aufhören sollten über Menschenrechte nachzudenken und eine Politik der Menschenrechte anzustreben. Der Widerspruch hat keine lähmende Wirkung, sondern ist theoretisch und praktisch produktiv. Um diese Thesen zu plausiblisieren, werde ich zunächst einige Grundzüge von Arendts Diskussion der Menschenrechte rekapitulieren (Abschnitt 2) und ihr Postulat eines den Menschenrechten vorgelagerten „Rechts, Rechte zu haben“ diskutieren (Abschnitt 3). Ausgehend von einer kritischen Diskussion der diskurstheoretischen Weiterentwicklung von Arendts These zu einem „Recht auf Rechtfertigung“ im diskurstheoretischen Konstruktivismus von Seyla Benhabib und Rainer Forst (Abschnitt 4) werde ich einen rechtfertigungstheoretischen Dekonstruktivismus vorstellen, der das Verhältnis von Praxis und Idee der Menschenrechte als produktiven Widerspruch fasst (Abschnitt 5). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:This Universalism Which Is Not OneLinda M. G. Zerilli (bio)Ernesto Laclau. Emancipation(s). London: Verso, 1996.Judging from the recent spate of publications devoted to the question of the universal, it appears that, in the view of some critics, we are witnessing a reevaluation of its dismantling in twentieth-century thought. One of the many oddities about this “return of the universal” 1 is the idea that contemporary engagements with it are (...) more or less of a piece, and that they reflect a growing consensus that poststructuralist political theories are incapable of generating a viable alternative to the collective fragmentation that characterizes late modernity. 2 The putative return to the universal marks, on this view, both a homecoming to Enlightenment ideals—purified of their more poisonous elements, of course—and a reconciliation of sorts between those who refuted these ideals and those who sought to realize them. Now that “we” all know and agree that poststructuralism is critically valuable but politically bankrupt; now that we all know and agree that the “old universal” was indeed a “pseudo-universal,” so the homecoming narrative goes; we can get on with the project of constructing a “new universal.” 3 This authentic universal would really be inclusive of all people, regardless of race, class, gender, sexuality, ethnicity, nationality, and whatever else attaches to the “embarrassing etcetera” that, as Judith [End Page 3] Butler reminds us, inevitably accompanies such gestures of acknowledging human diversity.Before signing on to this felicitous agreement about “the necessity of universalism,” we may wish to know whether we have anything like a minimal agreement in language, that is, whether we who speak of this universal are even speaking about the same thing. Apart from the not insignificant problem of translating from a philosophical to a political idiom, the whole question of this agreement is virtually occluded by the rush to rescue politics from the virulent particularisms that admit no common ground or sense of collective belonging. Presented in terms of the familiar binary couple, the choice between universalism and particularism seems settled by merely pointing to global and domestic political realities. Universalism is the only alternative to social fragmentation, wild child of the collapse of communism, the rise of deadly nationalisms, and the multiculturalist romance with particularism. To invoke the name of the universal in any affirmative sense is already to sign on to the political diagnosis and its solution.One of the many virtues of Ernesto Laclau’s Emancipation(s) is that it offers both an alternative to the binarisms spawned by the “return” to the universal (for example, false universalism/true universalism) and a trenchant critique of the original binary couple itself (universalism/ particularism). Demonstrating the imbrication of the universal and the particular, Laclau shows why it is a matter not of choosing one over the other but of articulating, in a scrupulously political sense, the relation between the two. He thus explicitly rejects the notion that this relation is one of mutual exclusion, and shows that the tendency to see it as just that has led to the impasse of the contemporary debate, an impasse that is glossed over in some highly visible academic cases by proclaiming the necessary return to the universal. Although the language of universalism as spoken by Laclau searches for some common ground between particularists and universalists, it is more by way of articulating their mutual contamination, that is, how each is rendered impure by the irreducible presence of the other.The Problem of UniversalsLaclau situates his collection of essays in the context of the increasingly polarized debate over multiculturalism, a debate in which the classical universalism of the philosophical tradition has come under serious question. Reading his essays, one comes to see the deep dependence of the entire contemporary discussion on this tradition, even when its metaphysical assumptions are explicitly rejected (as, say, in the work of Seyla Benhabib) or insufficiently comprehended (as in most of the popularized political discourse). Laclau’s book can help us to see that the political question of universalism cannot be posed properly as long as it remains tethered to the classical philosophical “problem of universals.” At stake in sorting out the affinities and... (shrink)

The article examines the following interpretive hypothesis: from the formulation of the concept of “precariousness” in Precarious Life (2004), Judith Butler's thought undergoes a inflection towards a ethical-political foundation normatively understood and previously rejected by the author as evidenced in her debate with Nancy Fraser and Seyla Benhabib in the 1990s. It is therefore a matter of questioning the impact of this theoretical mutation on the notions of universal and subject that are embedded in the argumentative lines of (...) the author’s texts, thus establishing “precariousness” and “co-dependence” as ethical-political conditions that should guide political guidelines aimed at making life possible and viable. The article is divided into three moments: 1) the universal denied in form and content; 2) The universal affirmed in its form, but denied in its content; 3) the universal materially and formally affirmed. It will also address the different notions of subject that emerge from each of these three understandings of universal. (shrink)

Abstract -/- Artiklen gør op med en tolkning af Arendts teori om dømmekraft som bestående af to forskellige teorier; en om dømmekraft som umiddelbar skelneevne, og en dømmekraft som diskursiv fornuft. Denne tvedeling kan genfindes hos flere nulevende filosoffer, som Albrecth Wellmer, Jürgen Habermas, Richard Bernstein, Seyla Benhabib, hvoraf sidstnævnte ydermere associerer dem med de to filosofihistoriske dømmekraftbegreber, nemlig Aristoteles’ phronesisbegreb og Kants begreb om den refleksive dømmekraft. I sin rekonstruktion søger artiklen at komme bag om denne opdeling (...) ved at spore gennemgående træk i Arendts værk, som går på tværs af forholdet mellem handling og tænkning. (shrink)

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

While feminist philosophy has had much to say on the topic of reason, little has been done to develop a specifically feminist account of the concept. I argue for a virtue account of mind grounded in contemporary approaches to rationality. The evolutionary stance adopted within most contemporary theories of mind implicitly entails a rejection of central elements of Cartesianism. As a result, many accounts of rationality are anti-modern is precisely the sorts of ways that feminists demand. I maintain that a (...) virtue account of rationality can provide a satisfactory answer to Benhabib’s question in Situating of the Self: what concept of reason are we willing to defend? (shrink)

This out-of-print collection in the area of European twentieth-century political philosophy includes selections from Adorno, Benjamin, Benhabib, Marcuse, Ciavatta, Comay, Honneth, and Fraser.

I discuss Young’s “asymmetrical reciprocity” and apply it to an ethics of mental health care. Due to its emphasis on engaging with others through respectful dialogue in an inclusive manner, asymmetrical reciprocity serves as an appropriate framework for guiding caregivers to interact with their patients and to understand them in a morally responsible and appropriate manner. In Section 1, I define empathy and explain its benefits in the context of mental health care. In Section 2, I discuss two potential problems (...) surrounding empathy: the difficulty of perspectivetaking and “compassion fatigue.” In Section 3, I argue that these issues can be resolved if examined through the lens of an ethics of care. Reciprocal relationships between patients and caregivers are an important element in the development of an ethics of care. In Section 4, I introduce two models of reciprocity that can be applied to a health care context: Benhabib’s symmetrical reciprocity and Young’s asymmetrical reciprocity. In Section 5, I demonstrate how asymmetrical reciprocity cultivates empathy and, in Section 6 and Section 7, I show how it overcomes the objections of empathy and improves therapeutic relationships. (shrink)

Este artigo pretende abordar a importância histórica e filosófica de se debater gênero, em especial na situação feminina. Para isso, percorrer-se-á, nesta ordem, a fim de marcar aproximações e afastamentos no âmbito epistêmico e metodológico de suas obras, o proposto por Scott, Beauvoir, Butler, Benhabib e Fraser. Concluindo que a teoria desta última pode ser utilizada como um caminho entre os universalismos, operando nas resoluções do cotidiano, e as análises pós-modernas, mediando o debate sobre redistribuição e reconhecimento. Um recorte (...) da situação brasileira também é levado em conta, a fim de se contextualizar geo-culturalmente a problemática em questão, mesmo que de modo inicial. (shrink)

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for (...) withholding legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)