In Political Liberalism, J. Rawls describes a meta-ethical procedure — political constructivism — whereby political theorists formulate political principles by assembling and reworking ideas from the public political culture. To many of his moral realist and moral constructivist critics, Rawls's procedure is simply a recent version of the “popular moral philosophy” that Kant excoriates in the Groundwork for the Metaphysics of Morals. I defend the idea of political constructivism on philosophical and political grounds. I argue that political constructivism is the (...) best available methodology for self-legislating, socially embedded and fallible human beings; then I show that political constructivism may produce principles that could garner the principled assent of Euro-American Muslims such as Taha Jabir Al-Alwani. The article considers how political constructivism might be employed to formulate new political principles for Euro-American societies experiencing and confronting the Islamic revival. [R]. (shrink)

Debates over the privatization of formerly public industries and services are common in contemporary politics. The overall goal of this paper is to suggest a normative framework within which deliberations over public ownership might take place. I draw this framework from Plato's Republic, which I claim justifies public ownership as a means for ensuring that citizens labour as craftsmen rather than moneymakers; according to Plato's social ontology, only craftsmen can constitute a genuine society and hence enjoy access to the full (...) array of goods for the sake of which society comes into existence. This justificatory structure implies that public ownership is only a means for ensuring the appropriate teleology of labour; if there turn out to be better means, so be it. But what does turn out to be indispensable on this view, as G. A. Cohen understood, is an ethos of justice, especially among those in charge of regulating social institutions. (shrink)

Politics has been defined in different and contradictory ways in the last century or so. If politics is to be a single subject of study then contradictory theories should be capable of being related together. In this article I argue that they can be related in terms of what I call the Aristotelian criterion. The article is in four parts. Firstly, I discuss the problem of defining politics; secondly, I introduce the criterion; thirdly, I consider five modern theories of politics (...) (those of Arendt, Oakeshott, Collingwood, Schmitt and Rancière) in relation to the criterion; and fourthly, I use the criterion to put forward an original and capacious definition of politics.1. (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the 'correctness' (...) of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

The broad aim of this thesis is to explore fruitful connections between ideology theory and the philosophy of possible worlds. Ideologies are full of modal concepts, such as possibility, potential, necessity, essence, contingency and accident. Typically, PWs are articulated for the analysis and illumination of modal concepts. That naturally suggests a method for theorising ideological modality, utilising PW theory. The specific conclusions of the thesis proffer a number of original contributions to knowledge: 1) PWs should only be used for explication (...) and not as evidence or criteria of assessment in ideology theory. The estimation of utopian possibilities, human essences and freedoms must be determined by extrinsic criteria. PWs can serve only as a window or means of expression but not as a set of evaluative premises. 2) For this purpose, a modified version of Lewisian genuine realism, with its device of counterpart theory, is the best approach; the alternative theories risk constricting possibilities or smuggling in assumptions that ought to be objects of analysis in ideology theory. This is instructive, since ideology theorists are prone to pick and choose favoured aspects of modal philosophy without further argument. 3) Conclusions and suggest the adoption of GR or fictionalist GR. Overall, the actualist options are less adequate. Fictionalism, by contrast, is a worthwhile contender, but it too presents comparative weaknesses which reinforce GR’s standing as a potent challenger to the modal metaphysician. Therefore, this thesis presents additional reasons to think GR true. The conclusions are not knockdown, and I draw out incentives and consequences for adopting alternative stances. The various chapters also provide specific details for comprehending and debating ideological modals. (shrink)

Abstract:This essay seeks to defend the claim that political philosophy ought to be appropriately guided by the phenomenon of politics that it seeks to both offer a theory of and, especially in its normative guise, offer a theory for. It does this primarily through the question of political values. It begins by arguing that for any value to qualify as a value for the political domain, it must be intelligible in relation to the constitutive features of politics as a human (...) activity. It then examines the extent to which the preconditions for the realization of values in practice ought to figure in our considerations as to whether they are values that fit or belong to our social world. We can understand these parts of the essay as responding to two related questions, respectively: (i) Is this a political value at all? — which is to ask, is it a value that is appropriate for the political realm?; and then (ii) Is this a political value for us? The final section responds to the often-made complaint that political philosophy ought not to make any concessions to the actual world of politics as it really is, arguing that attending to the realities of politics, and in particular the constitutive conditions of political activity, gives meaning to the enterprise as the theorization of politics (and not something else). Furthermore those same conditions provide the limits of intelligibility beyond which ideals and values can no longer be, in any meaningful sense, ideals and values for the political sphere. (shrink)

This paper attempts to explore a pedagogical form of writing in which students are allowed to have more room to converse with themselves, such that their own being is reflected in their work. The attempt is made as a response to the poverty of educationally orientated assessment methods for students' academic performance in the predominant evidence-based assessment culture of schooling today. Taking Lukács' Soul and Form as a good source for this exploration, especially his commitment to essay form as a (...) first-person, soul-searching journey to the truth, the paper tries to reconstruct the way he conceptually connects philosophical practice, our life-form and the essay form of writing. It attempts to provide insight into the ways in which a certain form of philosophical writing can in itself be an educational practice that provides students with a unique way of addressing their life-problems. (shrink)

In the following paper is put in question the present-day dominant Italian ideology of the so called ‘new constitutionalism’, which considers human rights as an open-texture catalogue of claims which only the Constitutional Courts are entitled to interpret and implement. This ideology is considered as a tool for overcoming the traditional liberal rule of law in favor a of more and more developed rule of the courts.

Despite his elusiveness on important issues, there is much in Michael Oakeshott's educational vision that Richard Peters quite rightly wishes to endorse. The main aim of this essay is, however, to consider Peters' justifiable critique of three features of Oakeshott's work. These are (1) the rigidity of his distinction between vocational and university education, (2) the lack of clarity and accuracy in his philosophy of teaching and learning, especially the under-conceptualisation of the role of example in teaching, (3) the over-emphasis (...) on tradition in moral and civic learning. (shrink)

Many political theorists today appeal to, or assume the existence of, a political culture in which the public values of Western liberal democracies are embedded – a political culture that is necessary to render their ideas plausible and their proposals feasible. This article contrasts this approach with the more ambitious arguments advanced by Jürgen Habermas in his original account of discourse ethics – a moral theory to which, he supposed, all human beings were demonstrably and ineluctably bound by the communicative (...) constitution of collective life. Although these arguments have been largely discredited, I argue that Habermas’ analysis can be enlisted in defence of a weaker claim: namely, that principled commitment to discussion is not always necessary for genuine deliberative engagement to occur. As a result, there may be hope for democratic deliberation in contexts where a liberal democratic political culture is lacking. (shrink)

This paper offers an exposition of what the question of method in ethics consultation involves under two conditions: when ethics consultation is regarded as a practice and when the question of method is treated systematically. It discusses the concept of the practice and the importance of rules in constituting the actions, cognition, and perceptions of practitioners. The main body of the paper focuses on three elements of the question of method: canon, discipline, and history, which are treated heuristically to outline (...) what the question of method in ethics consultation fully involves. (shrink)

In the previous chapter ‘The Beauty of Sport', I made a distinction between classical and modernist aesthetics. The classical is exemplified in eighteenthcentury art criticism and its use of the la...

An important aim of teaching philosophy in Dutch secondary schools is to learn about philosophy by doing philosophy. We examined doing philosophy and focused specifically on the relationship between student learning activities and teacher behavior; in doing so, a qualitative cross-case analysis of eight philosophy lessons was performed. The effectiveness of doing philosophy was operationalized into five learning activities comprising rationalizing, analyzing, testing, producing criticism, and reflecting, and scored by means of qualitative graphical time registration. Using CA we find a (...) quantitative one-dimensional scale for the lessons that contrasts lessons that are more and less effective in terms of learning and teaching. A relationship was found between teaching by teachers and doing philosophy by students. In particular we found students to produce a higher level of doing philosophy with teachers who chose to organize a philosophical discussion with shared guidance by the teacher together with the students. (shrink)

The author explains Michael Oakeshott's distinctive theory of law through an explanation of its notion of authority. He explains the view that modern states are ambiguous, consisting partly of civil associations and partly of enterprise associations. Authority is not a function of people's attitudes to those in power, but exists when a government's action is itself accepted as sufficient reason for unconditional obedience. Authority in this sense cannot exist in enterprise association, commitment to which must be contingent on the fulfillment (...) of purposes common to all participants. But modern states are compulsory associations, different from each. Furthermore, authority could never be justified on a rational choice model, which must always be teleological in character. Because this means there can be no solution to the problem of political obligation, all philosophy can do is describe abstractly the Rule of Law state which does reconcile authority and liberty. (shrink)

The widely recognized impasse in legal theory, which requires an account of law as “both a social fact and a framework of reasons for action” has been most interestingly addressed in recent years by writers characterizing law as convention in the sense of a solution to a game theoretical “coordination problem.” As critics have neutralized most of these proposals, the author advances an account of conventionalism, drawing on economic and sociological theory, which he claims makes the bridge between positivist and (...) naturalist theories of law without compromising the basic insights of either. The result is a unified theory of law, politics and society. (shrink)

In this discussion, the author asks the question if Oakeshott’s famous depiction of a practice might be understood in relation to contemporary cognitive science, in particular connectionism (the contemporary cognitive science approach concerned with the problem of skills and skilled knowing) and in terms of the now conventional view of "normativity" in Anglo-American philosophy. The author suggests that Oakeshott meant to contrast practices to an alternative "Kantian" model of a shared tacit mental frame or set of rules. If cognitive science, (...) in its connectionist forms, allows us to give a naturalistic though nonreductive sense to his words, Oakeshott, like other philosophers who have employed the concept of tradition, expanded his discussion into a broader reconsideration of the nature of theorizing, a metaphilosophy. And this extension can be understood in relation to such recent thinkers as McDowell and, in particular, to the problem of the acquisition of the normative. Key Words: idealism • Oakeshott • connectionism • normativity. (shrink)

The 18th-century French political theorist the Baron de Montesquieu described honour as the ‘principle’ – or animating force – of a well-functioning monarchy, which he thought the appropriate regime type for an economically unequal society extended over a broad territory. Existing literature often presents this honour in terms of lofty ambition, the desire for preference and distinction, a spring for political agency or a spur to the most admirable kind of conduct in public life and the performance of great deeds. (...) Perhaps so. But it also seems to involve quite a bit of what the contemporary philosopher Aaron James calls ‘being an asshole’, and the article will explore what happens to Montesquieu’s political theory of monarchy – which is foundational for an understanding of modern politics – when we reverse the usual perspective and consider it through the lens of the arsehole aristocracy. (shrink)

Studies have shown ethics education has not systematically improved the moral reasoning of business students and professionals and, therefore, its effectiveness should be seen as deeply questionable. Business ethics education has limited effect, in part, because it rests on rationalistic traditions within normative ethics, business theory, and cognitive psychology. Emphasis is usually placed on student’s rationally thinking about issues as a way of improving their critical analysis and reasoning skills. Yet by focusing primarily on its cognitive dimension, ethics education has (...) tended to underdetermine the importance of social interaction in moral development. As an alternative to traditional business ethics education, using the work of the Russian psychologist Lev Vygotsky, I argue, that peer influence through a dialogical process is a better way to enhance and improve the moral reasoning and judgement of individuals. More specifically, small-group dialogue with peers encourages deep reflection about business dilemmas and has a direct influence on how one thinks about ethics. (shrink)

This article examines Michael Oakeshott's peculiar understanding of religion and its connection to politics and public affairs in democratic societies. It considers Oakeshott's views on both the prominence of religion as an expression of practical life, and the conciliatory role of the religious imagination in human existence. Upon inspection, Oakeshott's notion of a reconciled form of religiosity appears to be devised to speak to problems of religious enthusiasm in liberal democracies. Oakeshott's response to challenges of religious enthusiasm is insufficient and (...) problematic, however, as is the conservative disposition he advocates for individual persons in democratic polities. (shrink)

This book survives superficial but fails deeper scrutiny. A facile, undiscerning criticism of Lectures in the History of Political Thought (LHPT) is that on Oakeshott’s own account these are lectures on a non-subject: ‘I cannot detect anything which could properly correspond to the expression “the history of political thought”’ (p. 32). This is an entirely typical Oakeshottian swipe – elegant and oblique – at the title of the lecture course he inherited from Harold Laski. If title and quotation sit awkwardly (...) we should remember that Oakeshott never prepared the text for publication – a fortiori he did not prepare it for publication under this title. Moreover, for Oakeshott the compound notion of ‘political thought’ does not denote much either (pp. 33–4). A positive characterization can, however, be made for the notion of ‘political experience’ or ‘intellectual organization’ (p. 42), a particular context-bound agglomeration ‘of sentiments, beliefs, habits of thought, aspirations and ideas’ (pp. 43, 45, 391, 393). This notion, with its enumeration and specification into Greek, Roman, medieval and modern political experience, structures the 32 lectures that comprise the book. Oakeshott’s notion of political experience has deep affinities (at least) with the style of political analysis followed by the Cambridge classicist, F.E. Adcock, in Roman Political Ideas and Practice (1964), a text surely not fortuitously included in the course reading-list for the original lectures. (shrink)

Michael Oakeshott reflected on the character of religious experience in various writings throughout his life. In Experience and Its Modes (1933) he analyzed science as a distinctive "mode," or account of experience as a whole, identifying those assumptions necessary for science to achieve its coherent account of experience in contrast to other modes of experience whose quests for coherence depend on different assumptions. Religious experience, he thought, was integral to the practical mode. The latter experiences the world as interminable tension (...) between what is and what ought to be. The question, Is there a conflict between science and religion? is, in Oakeshott's approach, the question, Is there a conflict between the scientific mode of experience and the practical mode? Insofar as we tend to treat every question as a practical one, these questions seem to make sense. But Oakeshott's analysis leads to the view that scientific experience and religious experience are categorically different accounts of experience abstracted from the whole of experience. They are voices of experience that may speak to each other, but they are not ordered hierarchically. Nor can either absorb the other without insoluble contradictions. (shrink)

Michael Oakeshott’s account of political economy is claimed to have found its ‘apotheosis under Thatcherism’. Against critics who align him with a preference for small government, this article poin...

The aim of this research is to reconstruct a metaphysical interpretation of the philosophy of history with regard to the spirit of historical thinking. The spirit of historical thinking is to emphasize the relation between what happened in the past and historical thinking about the past in the present. However, current philosophies of history, which are largely epistemologically oriented, have not adequately explored this relation. In order to investigate the relation between past and present, I refer to an Aristotelian philosophy (...) of practice and politics, and adapt it to the domain of the philosophy of history, and argue the case for a metaphysical science of history. A metaphysical science of history contains two primary parts. They are the part on physis and the part on technê/phronēsis. With regard to physis that metaphysically investigates the natural generating progress of entities, I argue that the existence of historical events can be understood as a natural developing progress in which the events are ordered in a chronological sequence. Such chronological sequence is essentially the physis of history in the metaphysical sense. For the part on technê/phronēsis, I demonstrate that Aristotelian knowing is for itself an action of knowing, which is located beyond a given temporal position in the past to both the past and the thinking present, and indicates the fundamental Beingness of history. Finally I conclude that the historical eudaimonia, namely the pursuing of the completeness of historical knowledge, is the final presentation of actualizing Geschehenszeit, as it bridges the past and the present in accordance to the spirit of historical thinking. (shrink)

Human existence is intrinsically community-oriented. Persons find themselves as responsible in community. This is a classical and Christian insight that is supported by significant contemporary philosophers such as Gabriel Marcel and Emmanuel Levinas. This article makes the claim that to thrive as a person is to belong; indeed, that it is the experience of belonging that satisfies the human need for meaning, value, and purpose. The article proceeds by considering the term ‘community.’ In itself, ‘community’ is a common sense term. (...) However, it is also a symbol with dimensions of meaning beyond common sense implicit within it. For the sake of a richer understanding of belonging, this article proposes to discuss some of those dimensions under three headings: Dynamism; Communion; and Consummation. ‘Dynamism’ relates to the members of a community whose mutual participation constitutes the characteristics of that community. ‘Communion’ considers the emergence of genuine community, as opposed to general association, from the prior mutual will to accommodate the Other in the self. ‘Consummation’ considers the significance of communion as both the goal and fulfilment of each person and community. Put another way, consummation is the perfection of belonging. (shrink)

(2013). The Beauty of Sport. Sport, Ethics and Philosophy: Vol. 7, Sport and Art: An Essay in the Hermeneutics of Sport, pp. 100-120. doi: 10.1080/17511321.2013.761886.

Michael Oakeshott's religious view of the world stands behind much of his political and philosophical writing. In this essay I first discuss Oakeshott's view of religion and the mode of practice in his own terms. I attempt next to illuminate his idea of religion by describing it in less technical language, drawing upon other thinkers such as Georg Simmel and George Santayana, who share similar views. I then evaluate Oakeshott's view as a whole, considering whether his ideas about religion can (...) stand up to careful scrutiny and whether they have value for present-day reflection on religion. (shrink)

The nature and worth of Michael Oakeshott’s contribution as a political thinker have long been the subject of deep disagreement within the community of Anglophone political theory. This is partly the product of a partial familiarity with Oakeshott’s corpus. During his lifetime, his body of published work had a rather slender appearance, comprising two major monographs, separated by some forty years, and two rather more accessible collections of essays on politics and history. Following his death in 1990, however, a much (...) larger body of writings has become available. In particular, with the publication of his Notebooks, we are afforded the chance to form a nuanced and informed understanding of how the thinking in his texts interconnected, and to appreciate the range of intellectual influences and political preoccupations that characterised his work. (shrink)

How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...) because education in character entails teleological thinking that is volitional not merely determined. I argue instead that proper assessment of virtue requires an expansive view of character education in both particular and common goods that avoids the tendency to indoctrinate and an inclusive conception of measurement that takes into account qualitative in addition to quantitative methodologies. (shrink)

International organisations are actors capable of bearing moral responsibilities and ought to be accountable for their failures in doing so. However, we should understand these responsibilities and respond to their failures in the light of fuller considerations about morality and the common good. The article argues that the international community should ensure victims are attended to, but also that defaulting institutions may themselves need rehabilitation for different kinds of international common purposes to be achievable. Further, the ways in which both (...) goals are agreed and undertaken must recognise multiple perspectives, else the possibilities for durable peaceable cooperation internationally will be damaged. Even in a world of plural views, we can find sufficient proximity on matters of ‘good’ and ‘bad’ to move toward further agreement. Drawing on Braithwaite, Rawls, and Sunstein, the article argues we should search out and build on such ‘islands of agreement’ on wrongs in international life and on mutually respectful ways of responding to them. (shrink)

Morals and politics occupy themselves, if not exclusively, then at any rate centrally, with questions of value. Politicians and moralists deplore the alleged decline of values while pressing supposedly new ones upon us. The fiercest sympathies and antipathies, whether between individuals or between societies, are those which stem either from a community or from a divergence of values. ‘So natural to mankind,’ said Mill, ‘is intolerance in whatever they really care about.’.

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)

I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...) special status allowed to science. It considers the possibility of combining one moment of philosophical thinking, namely ethics, with science in the midst of such modal separateness. I first offer a general introduction of how to approach Oakeshott's views on science. The next section stresses philosophy and its relation to science. This is followed by an elaboration of what the modes of experience are meant to be and how science is placed among them. An examination of Oakeshott's more particular views on science concludes the essay. (shrink)

The politics of reconciliation, in Canada, finds its origin in judgements of the Supreme Court affirming the objective of reconciling the sui generis authority and continued distinct existence of I...

This paper traces historical changes in the concept of citizenship, in order to show how it has shifted from a state enterprise to a form of self-organising, user-created, ludic association, modelled by online social networks in which children – formally non-citizens but crucial to the continuing and changing discursive practices of citizenship-formation – are active agents. The implications of ‘silly’ citizenship for communication scholarship are considered.

Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...) an alternative conception of international ‘civil association’, one that transcends the boundaries of communities. It is argued that such a notion of civil association is both possible and at the same time anchored in the experiences of the modern state. It is suggested that this notion of international civil association, when sustained by an adequate legal conception, promotes the enforcement of moral and political responsibility acr... (shrink)

In this paper, I explore the problems of cultivating a critical attitude in pedagogy given problems with accounts grounded in critical social theory, rational liberalism and pragmatic esthetic theory. I offer instead an alternative account of criticism for education in open, pluralistic, liberal, democratic societies called 'pedagogy of difference' that is grounded in the diversity liberalism of Isaiah Berlin and the dialogical philosophy of Martin Buber. In our current condition in which there is no agreement as to the proper criteria (...) for assessing attitudes and actions, for a critical attitude to gain a foothold one must learn to evaluate proposed beliefs and behaviour-based standards within a particular tradition as well as those drawn from another viewpoint. To know oneself, one must engage others who are different. But to engage others in a meaningful way one must be immersed in a tradition to which one is heir or with which one chooses to affiliate. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

The author deals with the legal theoretical approach that has been labelled “legal institutionalism.” An old and a new version of this approach are singled out: The old one is identified with the theory defended by the Italian public lawyer Santi Romano in the first half of this century; the second one is seen in the recent work by Ota Weinberger and Neil MacCormick. After a short presentation of Romano's work, his ideas and the development proposed by MacCormick and Weinberger (...) are compared. Similarities and differences between the two versions of institutional theory are worked out. A coda hints at an ambiguity in the definition of institution proposed by the “new” institutionalism. (shrink)

Resource development takes place through the transformation of social institutions. The moral dimension is of crucial importance in the evolution of associated management regimes. More than just a code of ethics, moralities are predicated on what is understood to be 'the good'. Recognition of the good requires a rhetoric beyond those of power and interest. This paper proposes a rhetoric of love. Within this conception of morality, the management of human relationships becomes understood as an unfolding cycle of choice among (...) tragic choices and management of the non-human environment is accomplished through the realisation of the gift relationship. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

A themed issue on the work of Michael Oakeshott.

This article analyses the nature of an educational experience by taking as its starting point Dewey's Art as Experience in order to identify what it is that counts as a significant or worthwhile experience. Dewey suggests that an experience needs to have an integral character in which the different phases of the experience are related and which tends towards a conclusion. Furthermore, an experience also needs to have the character of what Dewey calls an ‘undergoing’, an engagement with content which (...) may be difficult or painful. It is suggested that this kind of experience may be seen in terms of a ‘light’ pedagogy in which content is allowed to unfold. This is contrasted with educational experiences that are ‘teacher-driven’ or ‘learner-driven’. (shrink)