Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

This paper argues that, because Science and Technology Studies lost contact with political philosophy, its defense of public participation in policy-making involving technical claims is normatively unsatisfactory. Current penchants for political under-laboring and normative individualism are critiqued, and the connections between STS and theorists of deliberative democracy are explored. A conservative normativity is proposed, and STS positions on public participation are discussed in relation to current questions about individual and group rights in a liberal democracy. The result is avenues to (...) normatively defend public participation, by analogy with identity politics and Habermas, while also theorizing its limits.--------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------- -----------------------------------------------. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

In this chapter, I argue that John Rawls’ later work presents one of the most fruitful liberal frameworks from which to approach global cultural diversity. In his Law of Peoples (1999), the normative architecture Rawls provides is much more open to an intercultural/religious dialogue with various non-Western communities, such as the First Nations, than are other liberal approaches. Surprisingly, this has gone unnoticed in the literature on multiculturalism. At the same time, Rawls’ framework is not problem free. Here, I am (...) concerned with Rawls’ conception of overlapping consensus as political, rather than comprehensive; or the idea that dialogue and discussion concerning issues of justice must necessarily, as a matter of principle, exclude philosophical or religious reasons. I argue that this constraint will only add to the unfair exclusion of legitimate concerns. I demonstrate this in Rawls' discussion of so-called non-public spiritual perspectives of land, non-human animals, and the environment – views strikingly similar to those held by many Indigenous and Native Americans. Rawls’ framework unjustifiably and unjustly excludes such views from participation in the public and political realm. In the context of a globally diverse world, and in light of a history of Western colonialism, oppression, and domination of Indigenous peoples, I would argue that justice and fairness require that such others at least be able to articulate their concerns in the public and political domain, according to their own self-understandings and as they see fit, even if we do not agree with these. I argue that Rawls’ proviso is insufficient as a response. (shrink)

A number of widely discussed court decisions on cases of insults against religious feelings in Russia, such as the relatively recent “Pokemon Go” case of blogger Ruslan Sokolovsky or the lawsuit filed against an Orthodox priest by Nikolai Ryabchevsky in Yekaterinburg for comparing Lenin with Hitler, make pertinent the question of why toleration becomes so difficult in matters concerning religion. In this paper, I revise the classical liberal concept of toleration (David Heyd, Peter Nicholson, and John Horton), arguing that it (...) is challenged by contemporary philosophers, who see no room for applying this concept in the “domain of identities”. The most prominent case of “primordial” identity, that is, the notion of identity as a given, is the claim of devoted believers for recognition. Should we replace the principle of toleration by the principle of recognition since the latter better corresponds to identity claims? To address this question, in the first part of the article I describe the mechanism of tolerant attitude (Nicholson, Heyd) and in the second part, I analyze the debates about the possibility or impossibility of inner religious toleration (Avishai Margalit, Cary Nederman, and Maxim Khomyakov) and further compare toleration and recognition as normative principles. In the light of the debates I took part in the conference hosted by the University of Southern Denmark in October 2019 as part of the project “Religious Majority/Minority in Public Space in Russia and Northern Europe: Historical-Cultural Analysis”, I come to the conclusion that the principle of toleration is preferable to the principle of recognition because the “second-order” arguments for toleration in a secular state will be universally acceptable (pragmatic argument) and, therefore, the principle of toleration is more logical (analytical argument). Following Peter John’s thesis about minimal recognition embedded in toleration, it may also be concluded that we need a normatively charged idea of citizenship, which could provide us with universal “second-order” foundation. (shrink)

In this article, I explain and defend the concept of multicultural nationhood. Multicultural nationhood accounts for how a nation can have a cohesive identity despite being internally diverse. In Canada, the challenge of nation-building despite the country’s diversity has prompted reflection on how to conceive of the national identity. The two most influential theories of multiculturalism to come from Canada, those of Charles Taylor and Will Kymlicka, emerged through consideration of Canada’s diversity, particularly the place of Québécois, Indigenous peoples, and (...) immigrants in society. I begin by synthesizing Taylor’s and Kymlicka’s theories. I then propose a new subjective definition of nation, wherein the character of a nation is determined by how its members conceive of themselves. Once these concepts are explained, they are combined in an account of multicultural nationhood. Multicultural nationhood involves the cultivation of a national identity wherein various cultural groups are recognized as constitutive of the nation. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

1. In this article, I will use a case study to explore the broader question of how to assess socioeconomic development from a normative perspective, especially in relation to indigenous peoples.1 T...

In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...) acts. If we accept that our social identities are in large part constituted by the decisions we make about how to speak, language loss, then, will amount to a substantial infringement on our autonomy in a particularly important domain. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

This volume - the joint effort of the research groups on practical philosophy and the history of political thought of the Institute of Philosophy of the Research Centre for the Humanities of the Hungarian Academy of Sciences - brings together scholarly essays that attempt to face the challenges of the contemporary situation. The authors come from rather divergent disciplinary backgrounds, including philosophy, law, history, literature and the social sciences, from different cultural and political contexts, including Central, Eastern and Western Europe, (...) and belong to different generations. But they all share an interest to bravely answer the large topical issues concerning universal morality, here and now. (shrink)

O artigo examina a idéia rawlsiana de razão pública, em primeiro lugar, e a defesa habermasiana do princípio da igualdade cívica, a seguir, afim de apresentar a noção de pós-secularismo de Habermas como resultado dos debates contemporâneos sobre a relação entre religião e política influenciados pela concepção de cidadania democrática de Rawls.The article examines the Rawlsian idea of public reason, fi rst, and the Habermasian defense of the principle of civic equality, then, in order to present Habermas’s notion of post-secularism (...) as a result of the contemporary debates on the relationship between religion and politics infl uenced by Rawls’s conception of democratic citizenship. (shrink)

The anthropological sensibility has often been seen as growing out of opposition to Enlightenment universalism. Johann Gottfried Herder (1744-1803) is often cited as an ancestor of modern cultural relativism, in which cultures exist in the plural. This article argues that Herder’s anthropology, and anthropology generally, are more closely related to Enlightenment thought than is generally considered. Herder certainly attacks Enlightenment abstraction, the arrogance of its Eurocentric historical teleology, and argues the case for a proto-hermeneutical approach which emphasizes embeddedness, horizon, the (...) usefulness of prejudice. His suspicion of the ideology of progress and of associated theories of stadial development leads to a critique of cosmopolitanism and, particularly, of colonialism. But a comparison with a central Enlightenment figure like the natural historian Buffon (1708-88) reveals shared anthropological assumptions: human beings are characterized by the flexibility of their relationship to their environment, and by their ability to transmit and receive social knowledge. Herder’s critique of progress is thus an unstable one: culture [Kultur] as the process through which humanity develops can also be called Enlightenment [Aufklärung]. Herder’s definition of culture is much closer to a unitary Enlightenment model of civilization than is frequently suggested. Herder’s relativism is thus open to question: he holds on to certain universal criteria for transcultural judgements. This reassessment of Herder’s place in Enlightenment anthropology raises questions of contemporary relevance regarding cultural relativism on the one hand, and modernization and globalization on the other. (shrink)

Widespread misanthropy, understood as the disposition to reject society, is at once a permanent source of instability and injustice, and yet also a valuable support of cherished liberal practices, such as toleration. We must seek therefore to ‘civilise’ the misanthropic temper. Michel de Montaigne provides an instructive case study in this context, for he successfully moderated his misanthropy by his conviviality and friendship. The non-conditional character of Montaignean friendship functions to moderate rational misanthropic antipathy and thereby suggests a striking reinterpretation (...) of civic friendship. Montaigne may seem an unpromising ally for contemporary defenders of civic friendship, but in fact his essays provide a valuable resource for the political theory of community. (shrink)

It is often argued that Michael Walzer’s theory of social criticism, which underpins his theory of justice, is not much of a theory at all, but rather an impressionistic collection of historical anecdotes. Contrary to this perception, I argue that Walzer’s method can be accurately described as a version of John Rawls’ well-known method of wide reflective equilibrium. Through a systematic comparison it can be shown that the two methods are strikingly similar. This implies that, far from the critics’ claim, (...) Walzer’s method can be described as a philosophically sophisticated method. This also adds credibility to Walzer’s views on politics and justice. (shrink)

This chapter examines some central features to liberal conceptions of toleration and liberty of conscience. The first section briefly examines conceptions of toleration and liberty of conscience in the traditions of Locke, Rawls, and Mill. The second section considers contemporary controversies surrounding toleration and liberty of conscience with a focus on neutrality and equality. The third section examines several challenges, including whether non-religious values should be afforded the same degree of accommodation as religious values, whether liberty of conscience requires a (...) secular state, and how bias impedes understandings of toleration and liberty of conscience. The chapter concludes with brief comments on future directions for research on toleration and liberty of conscience. One is exploring toleration and liberty of conscience in non-Western contexts; another is exploring ways that varieties of religious and political identity impact conceptions of toleration and liberty of conscience. (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)

According to the ‘fragmentation objection’ to multiculturalism, practices of cultural recognition undermine political stability, and this counts as a reason to be sceptical about the public recognition of minority cultures, as well as about multiculturalism construed more broadly as a public policy. Civic education programmes, designed to promote autonomy, toleration and patriotism, have been justified as a corrective to the fragmentary tendencies of multiculturalism. This paper distinguishes between two versions of the fragmentation objection, in order to evaluate this particular justification (...) of civic education. The cultural fragmentation version of the objection emphasises the importance of a common identity and a shared sense of belonging for political stability, whilst the value fragmentation version of the objection emphasises the importance of shared values for political stability. It is argued that neither version of the objection successfully demonstrates that multiculturalism is incompatible with political stability. However, narrow versions of each objection provide reasons to favour the promotion of toleration in public schooling, and reasons to be sceptical about the promotion of patriotism. Meanwhile, justifications of the cultivation of autonomy must appeal to values other than political stability. (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

This article explores the strategies followed by the International Olympic Committee for the achievement of gender equality. It is argued that this international body can go beyond simply adopting an equality of opportunities approach to gender equality. It suggests which other strategies can be incorporated for which it draws on the different ways of understanding gender equality in gender political theory.

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both (...) liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn. (shrink)

This article provides a critique of the IWC's traditional focus on anthropocentric conservation in the governance of whaling. It is argued that this position, which relies on accepting the view that we have no direct moral duties to whales, is out of step with the moral status that now tends, in theory and practice, to be granted to animals. More specifically, anthropocentric conservation conflicts with the widespread acceptance, in theory and practice, that non-human animals such as whales have moral standing, (...) that what we do to them matters to them directly. This does not mean that whaling should necessarily be prohibited on ethical grounds, although the animal welfare analysis of whaling sketched in this article does suggest that, on balance, it is difficult to defend morally. Rather, it is being claimed that it is morally objectionable to deny, as the whaling nations do, that the IWC ought to be mandated to consider the welfare implications of whaling. (shrink)

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under (...) a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit. (shrink)

In this chapter, we will consider the relationships between values, beliefs and Environmental Citizenship. The role of personal values, value orientations and environmental beliefs in explaining pro-environmental actions and behaviour is widely explored. It is already acknowledged that self-enhancement values are less predictive of pro-environmental actions than self-transcendence values. Additionally, beliefs are considered to be at the core of human behaviour in cognitive theories explaining pro-environmental behaviour and are an important part of many theories used to predict pro-environmental actions. We (...) regard Environmental Citizenship as a combination of certain pro-environmental actions and civic engagement, both public and private, that lead to the mitigation of environmental problems. It is important to answer the question of whether general values and beliefs can potentially be relevant antecedents of Environmental Citizenship. Understanding how values and beliefs relate to Environmental Citizenship would allow for evidence-based ways of promoting Environmental Citizenship in schools and communities and would empower educators to make effective decisions in promoting Environmental Citizenship. (shrink)

Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...) with political and legal philosophy and comparative law, his contextualist and pragmatic approach is a powerful antidote against oversimplification and dogmatism with regard to exemption claims. Unsurprisingly, Greenawalt’s approach comes at times dangerously close to casuistry, and some of his analyses and normative recommendations would benefit from a firmer footing in moral principles and rational argumentation. In this review, I flesh out some of the strengths and limits of Greenawalt’s valuable book. (shrink)

Multiculturalism has become a central theme in many academic disciplines from philosophy to education, social work and psychology, ultimately reaching political science and law. What seems to be unique in current studies on multiculturalism is not merely the observance and display of societies that happen to be diverse in terms of the religious, cultural, national and ethnic affiliation of their members. Rather, it is the central argument that such divergence is legitimate and should be accommodated. Accepting other groups in society (...) and the legitimacy of accommodating them has become a virtue of tolerance.This paper argues that we must first look into multicultural theory itself to discover what can be called ‘multicultural qualifications’. These are in essence pre-conditions without the presence of which group accommodations, even if granted based on group membership, should not be considered as multicultural in nature. With multicultural theory as a backdrop, this article intends to identify such multicultural qualifications. The Palestinian-Arab minority in Israel is studied in its constellation as both a national minority group and as a religiously diverse group as an object for testing the application of the identified multicultural qualifications. (shrink)

ZusammenfassungIn diesem Aufsatz gehe ich der Frage nach, ob der Staat von Migrant*innen fordern darf, sich zu integrieren. Nach einer Erläuterung des Begriffs „Integration“ und der verschiedenen Dimensionen der Integration werde ich ein Argument vorstellen, das zeigt, dass sich auf Grundlage des politischen Liberalismus eine staatliche Forderung nach politischer Partizipation von Migrant*innen begründen lässt. Diese Forderung beruht auf Gerechtigkeits- sowie demokratietheoretischen Überlegungen. Weil die politische Partizipation zugleich eine gewisse strukturelle, soziale und identifikative Integration der Migrant*innen voraussetzt, erstreckt sich die Forderung (...) auch auf diese Voraussetzungen. Da sich die entsprechende Forderung gleichermaßen an Migrant*innen als auch an Einheimische richtet, entgeht die hier vorgestellte Argumentation dem Vorwurf, auf einem bloß partikularen Interesse der einheimischen Bevölkerung zu beruhen, dass sich die Migrant*innen der bzw. einer nationalen Kultur anpassen mögen. Zuletzt diskutiere ich einen Einwand, der sich gegen eine der Prämissen meiner Argumentation richtet. Dieser lautet, dass ein liberaler Staat keinen Einfluss auf die Haltungen und Überzeugungen seiner Bürger*innen nehmen darf. Ich verteidige die Behauptung, dass es auch im liberalen Staat legitim ist, die Bürger*innen zur Demokratie zu erziehen. (shrink)

Granting differential treatment is often considered a way of placing some groups in a better position in order to maintain or improve their cultural, economic, health-related or other conditions, and to address persistent inequalities. Critics of multiculturalism have pointed out the tension between protection for groups and protection for group members. The ‘rule-and-exemption’ approach has generally been conceived as more resistant to such criticism insofar as exemptions are not conceded to minorities or ethical and religious groups as such, but to (...) individuals who are part of those groups. However, I show that when a government grants an exemption, it inevitably provides a definition of the relevant group in question, and the tendency is to take cultural membership as ‘given’ or as defined by group spokespersons. I discuss some problems related to these definitions and defend instead a definition based on shared group interests. (shrink)

Schumpeter took a dim view of the deliberative capacities of the average voter who, he believed, could not be relied upon to make responsible judgements about distant and rather abstract matters of...

O debate entre Habermas e Rawls representa uma contribuição fundamental para a compreensão das questões sobre reconhecimento, multiculturalismo e pós-secularismo, introduzindo diferentes concepções filosóficas que podem contribuir sobre a temática acerca do uso público da razão, a fim de elucidar as diferentes percepções teóricas capazes de atender aos desafios propostos pelas sociedades pluralistas. Carlos Santiago Nino, por sua vez, estabeleceu uma estratégia teórica denominada “construtivismo epistemológico”, delineada a partir do debate Habermas-Rawls. Por conseguinte, pretendemos articular os fundamentos filosóficos atinentes à (...) concepção de razão pública delineada por Rawls e Habermas e ao construtivismo epistemológico de Carlos Santiago Nino com a análise da legitimidade democrática do STF na resolução de uma questão moral controvertida que é objeto de um desacordo moral razoável: o aborto de fetos anencéfalos.The Habermas - Rawls debate represents a fundamental contribution to understanding the issues about recognition, multiculturalism and post-secularism by introducing different philosophical views that can contribute about the issue of the public use of reason in order to elucidate the different theoretical insights that can meet the challenges of pluralistic societies. Carlos Santiago Nino, in turn, established a strategy called “epistemological constructivism” outlined from Rawls-Habermas debate. Therefore, we intend to articulate the philosophical foundations relating to the Rawls’s and Habermas’s conceptions of public reason and Carlos Santiago Nino’s epistemological constructivism with the analysis of democratic legitimacy of the Supreme Court to resolve a moral issue that is of a reasonable moral disagreement : the abortion of anencephalic fetuses. (shrink)