Countering the present trend in the discourse on justice wherein human reason is perceived and marginalized as an embarrassment to justice and the trend to reject the concept of formal justice, this paper argues that there is formal justice and the essence of justice is setting things right and setting righteousness to stand straight. By this token, justice means the rule of reason, not the rule of power and desire, and the ethics of justice differs fundamentally from the ethics of (...) care/benevolence. The popular assumption that justice as the rule of reason is incompatible with the idea of justice as accommodating diversity is unjustified. The paper joins the present discourse on justice from a historical perspective. It examines the historical Confucian and neo-Confucian concept of justice in a way of its dialogues with other Western concepts of justice such as Plato's concept of justice. (shrink)

Being sure of each other is the blossoming of Kimberley Brownlee’s earlier work on the intrinsic value and qualities of human connection (2013, 2016c, 2016b), opening with a scene from A. A. Milne’s House at Pooh Corner: lost in the woods together, Piglet takes Pooh’s paw ‘just to be sure’ of his friend. The importance of social connection is often overlooked because it is central to our lives, like breathable air. Brownlee’s work highlights the need for social connection, as deserving (...) of more philosophical attention and practical protection through rights. But her key insight is that receiving relational goods isn’t all that matters: being able and permitted to provide relational goods to others, as Piglet and Pooh receive and offer each other reassurance, is just as essential for our wellbeing. Brownlee argues these interests are strong enough to ground rights (2016c: 28). (shrink)

The ethics of care and Confucian care ethics are both characterised by relations-based moral reasoning and decision-making. Acknowledging this similarity, this article compares and contrasts these two ethics, highlighting Western and Eastern moral concerns. One of the main differences between the two ethical theories is their different focus on vulnerability and inequality as factors in achieving equality in the ethics of care; another is the reciprocity, rather than equality, dimension in Confucian ethics. Both theories enshrine the view that the characteristics (...) of care offer scope for developing the capacity for judgement. However, a fundamental difference is revealed when considering that Confucian ethics emphasises care as a virtue in the cultivation of one's moral agency, whereas the ethics of care sees care as both a disposition and practice, and the caring relationship to be a primary means of moral evaluation. For the care ethicists, the practice of care embraces communicative morality, within fluid, dynamic interpersonal relationships - in sharp contrast to Confucian care practices, which are constructed within formal standards and fixed, role-based relationships. (shrink)

This paper explores both differences and points of contact between selected contemporary theories of public ethics in the West and China. China is in a greater state of flux in this connection, with new, eclectic approaches to ethical justification for moral agency gaining prominence. There are thematic parallels between East and West in their distinct strains of institutionalism . However, there are recent Chinese theoretical proposals – many incorporating Western sources – that address this quandary, namely the institutional overdetermination of (...) moral agency. These proposals are joined to contributions from feminist and liberation ethics in a critical reconsideration of overridingness in formal ethics. Contemporary Chinese ethics connect moral claims to kin, community, and reciprocity networks, particularly as traditional philosophy is recovered in new theoretical syntheses. The grounding of Confucian ethics i.. (shrink)

To the question “What normative ethical theory does early Confucianism best represent?” researchers in the history of early Confucian philosophy respond with more than half a dozen different answers. They include sentimentalism, amoralism, pragmatism, Kantianism, Aristotelian virtue theory, care ethics, and role ethics. The lack of consensus is concerning, as three considerations make clear. First, fully trained, often leading, scholars advocate each of the theories. Second, nearly all participants in the debate believe that the central feature of early Confucianism is (...) its moral thought. However, these normative ethical theories are logically inconsistent with one another, the third point. The entailment is unavoidable: the majority of scholars of early Confucian normative ethics must be incorrect about their attributions of a normative theory to early Confucianism. It would appear, then, that we need a new dao 道 or pathway for the study of early Confucian moral thought. One alternative is to adopt an immersively interdisciplinary research methodology that pivots on the recognition that early Confucianism is a social-functional system the governing purpose of which is to influence cultural leaders. (shrink)

In this article I criticize some traditional impartiality practices in Western philosophical ethics and argue in favor of Marilyn Friedman’s dialogical practice of eliminating bias. But, I argue, the dialogical approach depends on a more fundamental practice of equanimity. Drawing on the works of Tibetan Buddhist thinkers Patrul Rinpoche and Khenpo Ngawang Pelzang, I develop a Buddhist-feminist concept of equanimity and argue that, despite some differences with the Western impartiality practices, equanimity is an impartiality practice that is not only psychologically (...) feasible but also central to loving relationships. I conclude by suggesting ways that feminist dialogical practices for eliminating bias and meditative practices are mutually supportive. (shrink)

It has been three decades since comparative philosophers began to associate the Confucian concept of ren 仁 with contemporary Western care ethics. It would be useful to revisit the issue and to reassess related debates. In this essay, I first contextualize this discourse by tracing the emergence of care as a philosophical concept in the West and explicate the Confucian concept of ren in terms of care as it is formulated in classic texts. Then I respond to challenges, including opposing (...) views from influential care ethicists Nel Noddings and Virginia Held. I also discuss some promising studies to further this discourse. (shrink)

This paper considers a recent claim that Confucianism and feminism are compatible since both are care ethics. I examine some aspects of contemporary care ethics and compare them with Confucian ethi...

A growing number of scholars have come to view Confucians and other Chinese thinkers as virtue ethicists. Other scholars, though, have challenged this classification. This essay discusses some of the problems that surround this debate, points out shortcomings in some of the criticisms that have been made, and offers suggestions about how best to develop a productive discussion about the issue.

Philosophy Compass, Volume 17, Issue 4, April 2022. -/- In a moment where needs for care are acute and their provision precarious, feminist care ethics has gained new relevance as a framework for understanding and responding to necessary interdependence. This article reviews and evaluates two long-standing critiques of care ethics in light of this recent research. First, I assess what I call the pluralist feminist critique, or the dispute over the ability of care ethics to address the needs and histories (...) of a range of marginalized subjects. I identify two forms of this critique: the first disputes the biased starting points shaping the development of the theory, and the second concerns the weaponization of care in support of domination. Although these critiques are well-established, I draw attention to recent responses that move care theory in generative directions. I argue that the pluralist feminist critique demands both self-critical transformation in dialog with other feminist schools of thought and a robust account of care ethics' normative authority. I then take up critiques those levied by mainstream ethicists concerned with care theory's adequacy as an ethical approach. I show that recent work on normative authority, conceptual uniqueness, and the grounding of responsibility must be engaged before care theory can be dismissed as “under-theorized.” In articulating these two sets of critiques and evaluating recent rebuttals to them, I argue for a pluralist feminist theory of care within which strands informed by varying philosophical schools and methods can coexist. (shrink)

The Kohlberg Gilligan Controversy has received intermittent but inconclusive attention for many years, perhaps reflecting the difficulty of bridging the two positions. This article explores the published evidence for Gilligan’s claims of gender difference, gender identity difference, and role of caring in people’s ethics. It seems that the evidence for pronounced gender differences in ethical attitudes within business is weak, even if gender identity is used instead of physical gender. The main propositions of Care Theory and recent advances in its (...) thinking are discussed. Special focus emerges on the notion of Attachment which seems to be the Care Theory ingredient both most able to survive critical scrutiny and most promising for bridging the divide between the Kohlberg and Gilligan paradigms. The Social Bonding Model and other possible bridge building conceptual structures are introduced. Finally, Max Weber’s division between ethics of conviction and ethics of responsibility provides an overarching perspective both of the gap still to be bridged and the need to keep trying to bridge it. (shrink)

The Kohlberg Gilligan Controversy has received intermittent but inconclusive attention for many years, perhaps reflecting the difficulty of bridging the two positions. This article explores the published evidence for Gilligan's claims of gender difference, gender identity difference, and role of caring in people's ethics. It seems that the evidence for pronounced gender differences in ethical attitudes within business is weak, even if gender identity is used instead of physical gender. The main propositions of Care Theory and recent advances in its (...) thinking are discussed. Special focus emerges on the notion of Attachment which seems to be the Care Theory ingredient both most able to survive critical scrutiny and most promising for bridging the divide between the Kohlberg and Gilligan paradigms. The Social Bonding Model and other possible bridge building conceptual structures are introduced. Finally, Max Weber's division between ethics of conviction and ethics of responsibility provides an overarching perspective both of the gap still to be bridged and the need to keep trying to bridge it. (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)