Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

Given the current concern in the Soviet Union and East Europe to emancipate public education from its Stalinist past, it is understandable that educators have called for the “humanizing” of education. Yet “humanization” is a none too clear idea and must be approached, I propose, through its opposite: dehumanization. Dehumanization, itself, can be understood as the denial of the dignity of the individual — a cardinal principle of the philosophies that comprise classical and contemporary liberal theory. This principle of the (...) dignity of the individual in turn implies duties for the liberal democratic state to treat all citizens with equal respect as ends in themselves and equally as choosers of ends, as being, at least in principle, capable of choosing and acting on the ultimate ends in their own lives and as potential “sayers of great words and doers of great deeds” in the common public enterprise.Now in claiming that the principle of the dignity of the individual is central to an understanding of a just and humane society, we do not thereby commit ourselves to those doctrines long associated with liberalism, viz., ontological and moral individualism. The form of political, or united-reformed, liberalism argued for in this paper is clearly compatible with strong forms of community, even authoritarian types of community insofar as they do not transgress the principle of the dignity of the individual as regards informed choice. As decidedly non-perfectionist and agnostic about ultimate goods, this form of political liberalism is neither individualistic nor communitarian, neither capitalist nor socialist.This rendering of the liberal democratic state sets the requirements for a deep and thorough political education that goes well beyond any familiar example today. In seeking to develop, to “humanize” individuals for a world of thought and action in the common public enterprise, political education — the premier form of education — in a liberal democratic state seeks to develop individuals who are theoretically informed and practically wise — thus the emphasis on the development of rationality in all of its forms. Moreover, despite the formal agnosticism of the state concerning ultimate human ends, a political education requires deep student exposure to and critical assessment of religion, possible ways of life, and those views of the human good that humans throughout history have found worthy of pursuit. And this even if it means that students will come to reject the principle of the dignity of the individual. (shrink)

Given the current concern in the Soviet Union and East Europe to emancipate public education from its Stalinist past, it is understandable that educators have called for the “humanizing” of education. Yet “humanization” is a none too clear idea and must be approached, I propose, through its opposite: dehumanization. Dehumanization, itself, can be understood as the denial of the dignity of the individual — a cardinal principle of the philosophies that comprise classical and contemporary liberal theory. This principle of the (...) dignity of the individual in turn implies duties for the liberal democratic state to treat all citizens (and for all citizens to treat each other) with equal respect as ends in themselves and equally as choosers of ends, as being, at least in principle, capable of choosing and acting on the ultimate ends in their own lives and as potential “sayers of great words and doers of great deeds” in the common public enterprise. Now in claiming that the principle of the dignity of the individual is central to an understanding of a just and humane society, we do not thereby commit ourselves to those doctrines long associated with liberalism, viz., ontological and moral individualism. The form of political, or united-reformed, liberalism argued for in this paper is clearly compatible with strong forms of community, even authoritarian types of community insofar as they do not transgress the principle of the dignity of the individual as regards informed choice. As decidedly non-perfectionist and agnostic about ultimate goods (tempered by the ban on all public forms of dehumanizing behavior and treatment), this form of political liberalism is neither individualistic nor communitarian, neither capitalist nor socialist (though the state is not indifferent to their fortunes). This rendering of the liberal democratic state sets the requirements for a deep and thorough political education that goes well beyond any familiar example today. In seeking to develop, to “humanize” individuals for a world of thought and action in the common public enterprise, political education — the premier form of education — in a liberal democratic state seeks to develop individuals who are theoretically informed and practically wise — thus the emphasis on the development of rationality in all of its forms. Moreover, despite the formal agnosticism of the state concerning ultimate human ends, a political education requires deep student exposure to and critical assessment of religion, possible ways of life, and those views of the human good that humans throughout history have found worthy of pursuit. And this even if it means that students will come to reject the principle of the dignity of the individual. (shrink)

(1998). Liberal legitimacy, reasonable disagreement and justice. Critical Review of International Social and Political Philosophy: Vol. 1, Pluralsim and Liberal Neutrality, pp. 19-36. doi: 10.1080/13698239808403246.

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

This thesis examines the concept of civil disobedience, and the role the latter can play in a democratic society. It aims to offer a moral justification for civil disobedience that departs from consequentialist or deontological considerations, and focuses instead on virtue ethics. By drawing attention to the notion of civic virtues, the thesis suggests that, under some circumstances, an act of civil disobedience is the very act displaying a virtuous disposition in the citizen who disobeys. Such disposition is interpreted in (...) light of a duty each individual has to respect her fellow citizens as autonomous agents. This grounds, in turn, a moral obligation to respect the law. The central claim of the thesis is that the obligation towards the law is fulfilled not only through acts of obedience but also, under different circumstances, through acts of disobedience. The status of non-violence as a necessary component of civil disobedience is questioned, and it is argued that a degree of force or violence may be permissible in civil disobedience, when it is compatible with the duty to respect others’ autonomy. Subsequently, the thesis offers an analysis of ‘reasonableness’ as a civic virtue, and by comparing three different approaches to the issue of reasonable disagreement among democratic citizens, it defends the deliberative approach as the most suited for treating fellow citizens as autonomous agents. The last two chapters focus on the importance, for an act of civil disobedience, of the agent’s willingness to accept the legal consequences of her law-breaking behaviour. It is argued that a civil disobedient has an obligation to face the prospect of being punished for the breach of the law. However, in considering the behaviour of a virtuous civil disobedient who appears at her criminal trial, it is also claimed that she should plead not guilty and aim to persuade her fellow citizens that she does not deserve to be punished, because what she did does not constitute a criminal wrong. In doing so, this thesis depicts civil disobedience not as a merely permissible form of behaviour, but as a morally praiseworthy conduct within a democratic community. (shrink)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This framework accommodates (...) cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

The issue of whether religious belief should be an appropriate grounding for business ethics raises issues very similar to those raised in asking whether religious belief should be an appropriate grounding for political morality. In light of that fact that writings in political morality have been a common resource for contemporary business ethics, this paper presents contemporary arguments about the role of religion in political morality while noting the relevance of these debates for business ethics.The paper takes the position that (...) rather than excluding religion from public morality, political morality (and business ethics) ought to take an inclusive, ecumenical approach. To argue this position and to present fully a range of literature normally not studied in business ethics circles, the paper presents and critiques the major contemporary authors in the field of political morality and contrasts them with the inclusionists who seek to keep public grounds open for all moral perspectives. (shrink)

This article argues that philosophers and laypeople commonly conceptualize moral truths or justified moral beliefs as discoverable through intuition, argument, or some other purely cognitive or affective process. It then contends that three empirically well-supported theories all predict that this ‘Discovery Model’ of morality plays a substantial role in causing social polarization. The same three theories are then used to argue that an alternative ‘Negotiation Model’ of morality—according to which moral truths are not discovered but instead created by actively negotiating (...) compromises—promises to reduce polarization by fostering a progressive willingness to ‘work across the aisle’ to settle moral issues cooperatively. This article then examines potential methods for normatively evaluating polarization, arguing there are prima facie reasons to favor the Negotiation Model over the Discovery Model based on their hypothesized effects on polarization. Finally, I outline avenues for further empirical and philosophical research. (shrink)

This paper considers the boundaries of "civility" in civil disobedience, by focusing on an extreme form of protest, namely, bossnapping. The latter involves workers 'kidnapping' their bosses, in order to force them to listen to their grievances. I argue that, notwithstanding its use of force, bossnapping may, under some circumstances, fulfil the requirements of a "civil" act of disobedience.

This paper examines whether Bruno Bauer's critical assessment of Jewish emancipation in Prussia is consistent with his other republican writings in the 1840s. It argues that Bauer's political position is a form of republican rigorism, according to which human emancipation requires identification with universal interests, and not the defence of particular identities. Rigorism involves the elimination of internal as well as external heteronomous influences, and implies shifting the boundaries between the juridical and the moral realms as defined by Kant. Subjects' (...) incentives for adopting the maxims that govern their external action are taken to be relevant to the assessment of the emancipatory potential of their deeds and claims. The paper distinguishes degrees of rigorism, and shows that Bauer's specific conclusions on the Jewish question, while not entirely unfounded by his political logic, are not strictly implied by his premises. Contrasting positions in his work are illustrated. (shrink)

Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) the Rawlsian account of public political justification involves a politics of omission, where citizens are expected to bracket off their most fundamental commitments and seek justifications that draw only from uncontroversial premises. This politics of omission is necessary, Rawls argues, for political stability. But there is good social epistemic evidence for the view that the politics of omission encourages insularity among like-minded groups, and that this insularity in turn generates extremism. So omission is likely to lead to instability, not stability. (shrink)

We have found that a sparse version of the claim that alienated labor is a bad thing can inform a political morality without turning that morality into one which makes more comment on people's ends than the liberal can accept. We have also seen that a modification of the ideas of alienation from our species being can play a limited role in a liberal political morality, but that the rational kernel of the critique from species alienation is already a familiar (...) part of the liberal tradition. However, the substantive view of the good life - as one which essentially involves engagement in communal ties and satisfying labor - cannot play the role which certainly many Marxists would like it to play in their critique of capitalism, at least if their critique is to be recognizably liberal. Why should it matter so much that Marxists be able to accommodate central liberal insights? It is not because a political morality has to be liberal in order to be successful in the real world: history and the contemporary world are full of examples of political views which command wide assent despite (or because of) their illiberality. But the foreseeable stages of a socialist society will be plagued by the circumstances of justice as they have been classically conceived. A socialism which is sufficiently better than capitalism to be worth the significant risk and sacrifice it is likely to require must be liberal in the sense that it can be regarded as defensible to each person who is actually subject to it. This does not require that it accommodate the greed of the greedy or the injustice of the unjust. But it does require that it not presume the unworthiness of the moral commitments of its reasonable citizens. 47. (shrink)

This paper discusses the possibility of an ethics of difference. It begins with an introduction to current poststructural and critical theories in order to show their significance for transcultural politics and ethics. Its theme is formulated in terms of the debate between the affirmation of ethical cognitivism cast in the form of universalism and the advocacy of moral skepticism in the mode of communitarianism. Distancing itself from the idea of universal morality, this paper attempts to respond to the challenge of (...) both communitarians and deconstructionists in contemporary French poststructuralism. In the end, it argues for transversality in place of universality. (shrink)

La idealización del diálogo es un gesto característico no sólo del pensamiento filosófico contemporáneo, sino también de las ciencias humanas y de los procedimientos de intervención pedagógica, terapéutica y organizacional. En este artículo revisaremos críticamente ese mito fundacional del diálogo socrático, mediante un análisis conversacional de los movimientos y las funciones discursivas que en él se desarrollan. Además, exploraremos la evolución moderna del género del diálogo filosófico.

I present a theory of alienation that accounts for the cognitive processes involved with moral thinking and political behavior in modern societies. On my account, alienation can be understood as a particular kind of atrophy of moral concepts and moral thinking that affect the ways individuals cognize and legitimate the social world and their place within it. Central to my argument is the thesis that modern forms of social integration—shaped by highly institutionalized, rationalized and hierarchical forms of social life—serve to (...) constrain the moral- cognitive powers of subjects leading to a condition of alienation as moral atrophy. This state results from the withering of the subject's internal powers of moral reflection and an overriding predisposition to rely on external value schemas to make sense of moral and political problems. I then present an analysis of alienated moral consciousness and its implications for modern social theory. (shrink)

According to the ideal of tolerance, the state is supposed to be neutral or evenhanded in its dealings with religious sects and doctrines. The tolerant state does not pursue policies aimed at favoring one sect over another.

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

Since 2014, British schools have been required to ‘actively promote’ the value of ‘mutual respect’ to the children in their care. This is relatively unproblematic: liberals are agreed that good citizenship education will involve teaching mutual respect. However, there is disagreement over how ‘respect’ should be understood and what it should imply for norms of respectful classroom discussion. Some political liberals have indicated that when engaging in discussion in the classroom, students should provide only neutral reasons to defend their views. (...) This paper provides a number of arguments against this claim. For example, I argue that this norm relies on a distorted understanding of what it is to respect others and that it stifles the development of civic and epistemic virtue in the next generation of citizens. Even from within the perspective of political liberalism, there are good reasons to favour critical discussion of non-neutral reasons. Education policy should therefore accord greater priority to discussion of students’ actual motivating reasons than to discussion constrained by a norm of neutral discourse. (shrink)

Israel Scheffler views moral education as having two major objectives: inculcating minimum standards of decent conduct and developing rationality in moral deliberation and judgment. The latter is to be achieved by engaging students in discussions of moral issues in such a way that they come to appreciate and follow standards of rational deliberation and judgment – standards that Scheffler explicates primarily in terms of impartiality. This paper argues that the conception of rational moral deliberation and discussion underlying Scheffler's approach to (...) moral education is inadequate, and suggests an alternative conception that gives far more prominence to the problem of interpreting the meaning of substantive moral concepts and determining how they apply to particular cases. (shrink)

In a recent article, Iris Marion Young raises several challenges to deliberative democracy on behalf of political activists. In this paper, the author defends a version of deliberative democracy against the activist challenges raised by Young and devises challenges to activism on behalf of the deliberative democrat. Key Words: activism • deliberative democracy • Discourse • Ideology • public sphere • I. M. Young.

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

How does public discussion contribute to the reasonableness with which power is exercised in a democracy? Contemporary answers to this question (such as formulated by Rawls or Habermas), are often based upon two interconnected preconceptions. These are, 1. the idea that the value of public discussion lies primarily in the fact that citizens can reach a reasonable consensus through argumentation and discussion and, 2. the belief that the exercise of power is legitimate only if it is determined by a reasonable (...) consensus among citizens. In this sense, 'reasonable consensus among citizens' eliminates, under ideal conditions, the 'autonomy' of the exercise of power. However, these ideals of democracy appear to conflict with certain aspects of democratic society; aspects, moreover, which we tend to value quite highly. I therefore advance an alternative account of the reasonableness of power in democratic societies; one which acknowledges both the characteristically unlimited scope of public discussion in democratic society and the fact that such discussion rarely or perhaps even never ends in a general consensus. In order to elucidate the democratic character of society we must explain the relationship between discussion and power in such a way that we understand both the need for discussion and the necessity of an autonomous exercise of power. (shrink)

One of the most influential views in privacy scholarship is that privacy protects individual autonomy. On the early liberal view, the exercise of autonomy requires detachment from social and political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible for the underrating of privacy in legal and political practice. Over the last decades, liberal reflection on autonomy has shifted (...) from the early liberal understanding of autonomy as calling for detachment from social life to the idea of autonomy as socially embedded. This development has brought about a corresponding adjustment in the liberal concept of privacy: privacy has come to be seen as a social rather than merely an individual interest. The social turn in thinking about privacy has gone a long way to change the problematic image of privacy in legal and political practice. It has not gone far enough, however, to draw conclusions regarding the political relevance of privacy. I argue that we should understand autonomy as politically embedded. Revised along these lines, privacy has a political value: when we claim privacy, we do not make a claim to withdraw from political life, but rather make a claim to protect certain forms of political engagement. (shrink)

This paper considers the relationship between distributive justice and vocational education. It examines both the way that the very notion of a vocational education carries implications for distributive justice and how the meaning of justice itself might be shifting towards one of inclusion. The argument, which is based on the recent work of Bernard Williams (2002), may have some general explanatory and predictive power particularly relevant to the educational uses of certain terms. 'Vocational' is used in the paper as an (...) exemplar. It is argued that consideration of what is just in any liberal society involves weighting the application of principles in ways that respect the shared values of that society. These values are communicated partly through hopeful myths that enable social cohesion. One such set of myths currently serves to sustain some degree of hope that emphasis on the vocational in education will enable distributive justice. Increasingly however experience of and research within vocational education reveals some truths that challenge these myths. Neither myth nor truth floats free of structure, however, and the paper also includes discussion of the ways that structure, truth and myth are related. (shrink)

The thesis contrasts two hostile and divergent intellectual paradigms in social sciences: rational choice and critical theory. Both rational choice and critical theory offer contrasting perspectives on the structures of social interaction. However, both critical theory and rational choice theory share overlapping concerns ie., both are preoccupied with determining what rational can mean in the realm of social and political interaction. In the case of rational choice paradigm, instrumental reason forms the cornerstone of the theoretical edifice. Ever since the publication (...) of Jurgen Habermas' The lhemy qf Communicative Action Vol. / and Vol. II instrumental reason has come under severe attack. His critique anchors on a theory of communicative reason. What makes Habermas' work distinctive is that he does not regard instrumental reason as the single inevitable concomitant of modernity. Habermas sees in modernity an alternative way of conceptualising social interaction in terms of communication rather than strategy. So in a way, his work is a challenge to the defenders of modernity aiming to build a unified social science Jurgen Habermas advances the notion of communicative reason as the centerpiece of a social theory as opposed to instrumental reason. By providing a systematic grounding of the concept of reason in human language, he hopes to establish normative basis of critical theory. This model of reaching agreement or consent constitutes a process of dialogue in which reasons are exchanged between participants. This process is perceived to be a joint search for consensus. Such a dialogic concept of collective choice would necessarily work not with fixed preferences to be amalgamated but with preferences that are altered or modified as competing reasons are advanced in the course of discussion. In rational discussion, the only thing supposed to count is the power of better argument. Both rational choice and critical theory conceptualise politics in different ways. Rational choice theories critique democratic mechanisms failing to generate general will. Consequently, the political prescriptions offered are limited government or market. On the contrary, the political implications of Habermas' theory of deliberative democracy is anchored in the notion of liberal public sphere envisaging a cognitivist, rationalist vision in which discourse forms a critical normative basis for evaluating the political and moral principles. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

In this essay, I first discuss the conditions set by theorists of democratic deliberation on proper deliberation. These conditions call for reasoned decisions from mutually acceptable premises. Next, I present the ideal of critical thinking that should guide the citizen in this deliberation. I then examine the empirical literature on human reasoning. Some research results in the empirical literature paint a bleak picture of human rationality: we fall victim to heuristics and biases, persevere in our beliefs in the face of (...) contrary evidence, and justify our moral judgments by post hoc-reasoning. In addition, the deliberating groups have problems of their own. The groups may, for example, amplify errors or fall victim to information cascades. Though these epistemically detrimental processes can be overcome, they do present a challenge to our rationality. The essay concludes by arguing that the empirical evidence in fact supports an internalistic approach to group deliberation, a claim challenged by Solomon. (shrink)

La idealización del diálogo es un gesto característico no sólo del pensamiento filosófico contemporáneo, sino también de las ciencias humanas y de los procedimientos de intervención pedagógica, terapéutica y organizacional. En este artículo revisaremos críticamente ese mito fundacional del diálogo socrático, mediante un análisis conversacional de los movimientos y las funciones discursivas que en él se desarrollan. Además, exploraremos la evolución moderna del género del diálogo filosófico.

RESUMEN Una de las principales aportaciones de Rawls fue su concepción de la justicia como algo predicable de la estructura social. La justicia, según él, es la primera virtud de la estructura básica. La tesis que se defiende en este artículo es que, si queremos una teoría de la justicia aplicable a nuestro mundo en globalización, tenemos que desarrollar una concepción de la estructura social diferente a la contemplada por Rawls. Con este fin, se expondrán las carencias de la ontología (...) social mantenida por Rawls para alcanzar una justicia adecuada a nuestro mundo en globalización y se propondrá, siguiendo a Nancy Fraser e Iris Marion Young, una alternativa más adecuada a la realidad que vivimos hoy. ABSTRACT One of Rawls' main contributions was his conception of justice as something predicable of the social structure. Justice, according to him, is the first virtue of the basic structure. The thesis defended in this article is that, if we want a theory of justice applicable to our globalizing world, we have to develop a conception of the social structure different to the one contemplated by Rawls. With this aim, we will discuss the shortcomings of the social ontology of Rawls to achieve justice appropriate to our globalizing world and will propose, following Nancy Fraser and Iris Marion Young, a more appropriate alternative to the reality we live today. (shrink)

Tekst je prosireno obrazlozenje predlozene teme projekta koja se bavi mogucnoscu prihvatanja i stabilizacije liberalnih obrazaca distribucije u drustvima u tranziciji. Srbija je u ovom pogledu iz niza razloga poseban slucaj. Liberalizacija ovih drustava je uvek neizvestan proces jer zavisi od dve vazne pretpostavke. Prva je olicena u paradoksu ovakvog vida tranzicije koji se sastoji u postojanju ili nepostojanju politickih poticaja da se neke sfere zivota osamostale od procesa politickog odlucivanja. Druga je da liberalizacija moze biti samo destruktivna. Naime, minimalni (...) ucinci liberalizacije, uspostavljanje obrazaca odgovornosti i javne sfere, mogu u svom krajnjem ishodu imati neliberalne ucinke. No, pored svega, stabilnost liberalnih poredaka pociva upravo na otvorenoj mogucnosti stalnog preispitivanja i korigovanja obrazaca raspodele koji su ugradjeni u institucionalne mehanizme ovih drustava. (shrink)

The primary instrument of dispute management in political liberalism is a form of political thinking and talking that tries to reconcile opposed positions with an impartial settlement based on fair arrangements and mutual respect, one that is careful to treat rival views equitably, and reasoned through from start to finish with open methods that lead to a public justification understandable to the disputants. But this model of reasoning is notoriously deficient in resolving disputes among radically different communities. A more effective (...) form of political reasoning for these disputes that yet respects the background values of liberalism is found in the languages of state depicted in realist accounts of international relations. These languages avoid liberal appeals to be reasonable, reciprocity controlled by moral criteria, and the quest for common reasons. They represent a deliberative search for an accord that will meet the interests of the disputing parties as they define these interests and understand the settlements, and in this sense are welcome models to manage divisive issues in pluralist democracies. A complete version of political reasoning would contain both liberal and realpolitik models and a mechanism to adjudicate the appropriate uses of each model. (shrink)

La idealización del diálogo es un gesto característico no sólo del pensamiento filosófico contemporáneo, sino también de las ciencias humanas y de los procedimientos de intervención pedagógica, terapéutica y organizacional. En este artículo revisaremos críticamente ese mito fundacional del diálogo socrático, mediante un análisis conversacional de los movimientos y las funciones discursivas que en él se desarrollan. Además, exploraremos la evolución moderna del género del diálogo filosófico.

Legal scholars have been inspired by the dialogic approach and rallied around it as the solution to constitutional conflict in domestic constitutional orders and the transnational legal landscape. This paper aims to show that the gravitation towards judicial dialogue in contemporary constitutional theory misses the point, given the ambiguities surrounding it. My investigation reveals that the dialogic approach does not succeed in guiding the inter-departmental or inter-regime interactions in a way that no single power would exert unilateral domination. The emergence (...) of judicial supremacy in both national and transnational constitutional orders further suggests that underlying those ostensible examples of judicial dialogue is a transfigured conception of sovereignty. As it is the rise of judicial sovereignty that drives the move towards judicial dialogue in contemporary constitutional developments, I suggest that legal scholars shift focus of attention from the idea of dialogue to the enhanced judicial role in the new constitutional era. (shrink)

Me propongo analizar críticamente la idea de abstinencia epistémica desarrollada por un importante grupo de teóricos liberales a partir de los años ochenta del siglo pasado. Para los propósitos del liberalismo político la propuesta de la abstinencia epistémica desempeña un papel crucial. Consiste en garantizar el consenso en torno a las reglas procesales y principios públicos de justicia, exigiendo que la pluralidad de intereses y concepciones sustantivas que coexisten en la sociedad se abstengan de realizar atribuciones de verdad sobre sus (...) propias concepciones morales cuando éstas son debatidas en la esfera pública. Mi argumento es que esta estrategia fracasa toda vez que la abstinencia epistémica no resiste la aplicación de sus propias cláusulas a sí misma. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

Is a policy of economic growth compatible with the neutrality of the State? Some liberals (Rawls, Dworkin, Ackerman, Larmore, Kymlicka) think so. I do not. I begin by explaining and discussing the different meanings of the neutrality thesis, then I show that, whatever meaning we give to the idea of neutrality, it is very difficult to argue convincingly that a policy of economic growth does not favour some conceptions of the good.