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)

O artigo procura mostrar em que sentido a democracia deliberativa proposta pela teoria discursiva de Jürgen Habermas dá conta do problema dos reducionismos econômicos e juridificantes da mundialização ou globalização, entendida como uma colonização técnico-sistêmica do mundo da vida. Recorrendo a sua concepção de um ethos democrático transnacional embasado na soberania popular, a teoria habermasiana logra resgatar o caráter normativo da mundialização através da irredutibilidade de valores humanos como a liberdade, a dignidade e os direitos humanos, inerentes às mais diferentes (...) e incompatíveis autocompreensões de mundos da vida. (shrink)

We can distinguish between those political philosophers who are concerned to carry the original Kantian project further, like Wolfgang Kersting, Otfried Höffe, Ernest Weinrib and Fernando Teson, and those contemporary political philosophers who have given up the original project but seek to draw inspiration from Kant's thinking. Two political philosophers who belong to this latter trend are Habermas and Rawls.

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

Bhikhu Parekh is an internationally renowned political theorist. His work on identity and multiculturalism is unquestionably thoughtful and nuanced, benefiting from a tremendous depth of knowledge of particular cases. Despite his work’s many virtues, however, the normative justification for Parekh’s recommendations is at times vague or ambiguous. In this essay, I argue that a close reading of his work, in particular his magnum opus Rethinking Multiculturalism and the selfproclaimed sequel A New Politics of Identity, reveals that his claims frequently rely (...) upon a Kantian account of moral dialogue and indeed moral personhood that he remains unwilling to claim. Recognizing this latent Kantianism is essential to a thorough assessment of Parekh’s work on identity, and his criticisms of other theorists. It is only because of his ambiguity that his multiculturalism is able to avoid the sort of charges that he levels against other responses to diversity, including those of such authors as Rawls, Habermas, Kymlicka, and Raz. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry (...) censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)

Seyla Benhabib's critique of Jürgen Habermas's moral theory claims that his approach is not adequate for the needs of a feminist moral theory. I argue that her analysis is mistaken. I also show that Habermas's moral theory, properly understood, satisfies many of the conditions identified by feminist moral philosophers as necessary for an adequate moral theory. A discussion of the compatibility between the model of reciprocal perspective taking found in Habermas's moral theory and that found in Maria Lugones's essay “Playfulness,‘World’-Travelling, (...) and Loving Perception” reinforces the claim that his moral theory holds as yet unrecognized promise for feminist moral philosophy. (shrink)

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

: Seyla Benhabib's critique of Jürgen Habermas's moral theory claims that his approach is not adequate for the needs of a feminist moral theory. I argue that her analysis is mistaken. I also show that Habermas's moral theory, properly understood, satisfies many of the conditions identified by feminist moral philosophers as necessary for an adequate moral theory. A discussion of the compatibility between the model of reciprocal perspective taking found in Habermas's moral theory and that found in María Lugones's essay (...) "Playfulness, 'World'-Travelling, and Loving Perception" reinforces the claim that his moral theory holds as yet unrecognized promise for feminist moral philosophy. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...) ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)

Jürgen Habermas’s opus magnum, Auch eine Geschichte der Philosophie, synthesises his impressive work of the last half century. His thesis is that the modern project of the normativity of “rational freedom” can be reconstructed as a learning process of the conflictual dialogue between reason and faith, philosophy and religion in the West. Furthermore, under conditions of a world society, cross-cultural communication across lifeworlds, based on such normative principles, is possible. I argue that Habermas’s argument recapitulates a claim first made in (...) The Phenomenology of Spirit by Hegel, who presented the normativity of modernity through a narrative unfolding between two epistemological standpoints, namely, that of consciousness and “we.” Just like Hegel, in order to defend the idea of a Lernprozess, Habermas too must presuppose a unified subject called “we;” furthermore the development of such subjectivity unfolds in a homogeneous temporal process that is then assumed to be the same for all mankind. I call this a form of “historicism,” and juxtapose recent historical writing that presents the narrative of modernity and the emergence of world-society as a much more diverse and fractured process than Hegel’s and Habermas’s methodology. “Die Einbeziehung der Anderen,” I argue, must involve including the voices of those others who do not experience the normative of modernity as a process like the one unfolding between faith and reason in the West. Nevertheless, I conclude that this plea for a more complex narrative that “provincialises Europe,” is not a rejection of the normative legacy of modern rationality and freedom that are based on the ideals of fallibilism, refutability and revisability through a rational community of inquirers. (shrink)

Resumen:El objetivo del siguiente artículo es observar los rendimientos de la hermenéutica filosófica para interpretar el problema de la confianza en nuestras relaciones sociales. En primer lugar, se identifican sus fundamentos para comprender a través de esta tradición filosófica su giro lingüístico e importancia para estudiar dicho concepto (I); en segundo lugar, se analiza desde la idea del ‘lenguaje’ y del ‘diálogo’ el problema de la confianza en las relaciones contextuales (II). Por último, se reflexiona sobre cómo la racionalidad científica (...) proyecta confianza o desconfianza en un mundo en donde cada vez sus enunciados deben comprometerse con la vida humana (III). Este artículo es relevante pues busca revalorizar a la filosofía para el análisis de un concepto que ha sido estudiado principalmente desde las ciencias sociales. En este sentido nos apoyamos en la hermenéutica filosófica en pos de observar sus posibilidades para conceptualizar y analizar la confianza en la sociedad contemporánea.Palabras clave: confianza; hermenéutica filosófica; lenguaje; ciencia; ética. (shrink)