The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

The immanent approach adopted by most contemporary representatives of the Critical Theory tradition has generally the purpose of offering a foundation for social criticism that, without relying exclusively on explicit or factually accepted principles, avoids both the potential arbitrariness of subjective judgment and the appeal to transcendent criteria. However, this project has not yet paid much attention to the socio-epistemic elements related to the intersubjective praxis of criticism. Based on this concern, I intend to explore the possibility of immanent criticism (...) by using the epistemic category of dissonance. I will begin by showing how Davidson’s notion of irrationality can overcome the problematic separation between healthy and pathological behavior found in Festinger’s classical theory of cognitive dissonance and serve as an indicator of epistemic contradictions that can lead to social change. Thereafter, I will explain the link between these approaches and both Brandom’s inferential semantics and Honneth’s normative reconstruction. At the end of the first part, I expect to show an articulated picture of how dissonance can serve as a key for the analysis of inconsistencies present both in the belief systems and in the institutions and practices that constitute forms of life. In the second part, I will reconstruct three possible objections to this comprehensive approach in relation to the role of the individual in processes of social criticism and to the notions of progress and rationality that the approach adopts. I will analyze here what kind of meta-criterion is necessary to overcome the discomfort generated by the experience of dissonance so that it leads to social change. Taking up the Hegelian-Pragmatist idea of accumulation of experiences, I will argue that such a meta-criterion refers to the possibility of gathering and using available and non-endogenous socio-epistemic resources that allow reconfiguring the foundations of the questioned form of life. (shrink)

Recognition is one of the most ambivalent concepts in political and social thought. While it is a condition for individual freedom, the subject’s demand for recognition can be exploited as an instrument for reproducing domination. Axel Honneth addresses this issue and offers the concept of ideological recognition: Recognition is ideological when the addressees accept it from their subjective point of view but is unjustified from an objective point of view. Using the examples of the recognition of femininity, I argue that (...) Honneth’s account fails not only to offer the objective normative standard that delineates between morally justified and unjustified recognition, but also to descriptively explain why the addressees of ideological recognition accept their identities as having positive qualities. To overcome these problems, I provide an alternative, epistemic structural account. First, my account offers the concept of epistemic trust and identifies the objective injustice that Honneth’s account cannot capture. Second, my account offers the concept of structural power and discusses the problem of internalization of problematic identities. Furthermore, I argue that epistemic structural account has theoretical and practical benefits for analyzing domination and advancing the task of critique by explaining the ideological recognition in the case of racial identity, for example. (shrink)

The ethics of artificial intelligence is an upcoming field of research that deals with the ethical assessment of emerging AI applications and addresses the new kinds of moral questions that the advent of AI raises. The argument presented in this article is that, even though there exist different approaches and subfields within the ethics of AI, the field resembles a critical theory. Just like a critical theory, the ethics of AI aims to diagnose as well as change society and is (...) fundamentally concerned with human emancipation and empowerment. This is shown through a power analysis that defines the most commonly addressed ethical principles and topics within the field of AI ethics as either to do with relational power or with dispositional power. Moreover, it is concluded that recognizing AI ethics as a critical theory and borrowing insights from the tradition of critical theory can help the field forward. (shrink)

Implicit in much of the recent literature on conceptual engineering and conceptual ethics is the assumption that when speakers argue that we should talk or think about a concept in a specific way, they are doing so as inquirers—as speakers who are invested in arriving at the correct or best view of this concept. In this paper I question that assumption and argue that philosophers have been too quick to project idealized versions of themselves into the contexts of conceptual articulation (...) and conceptual dispute. Speakers often engage in this activity to further interests of theirs that have nothing to do with inquiry, instead carrying out what I call ‘conceptual domination’. Speakers are engaged in conceptual domination when they aim to bring about and enforce widespread uptake for a view of a concept by exploiting institutions and institutional authority. They do so because this view best serves interests that are either irrelevant to or actively interfere with inquiry concerning this concept—paradigmatically their material interests. I consider sources of evidence for assessing whether speakers are engaging in conceptual domination, analyze two case studies, and consider how to push back against conceptual dominators. (shrink)

This paper engages Rainer Forst’s doctrine of noumenal power. At the centre of this doctrine is its signature claim that power is noumenal in nature. I reconstruct Forst’s definition of power and distinguish three conceptions of noumenal power in his writings. I argue that, on each conception, we should reject that claim. It emerges that the professed noumenality of power is either a trivial feature of power, or else a feature only of some forms of power. Consequently, Forst’s definition of (...) power cannot be adequate and the claim that power is noumenal in nature is either trivial or false. (shrink)

According to Rainer Forst, (i) moral and political claims must meet a requirement of reciprocal and general acceptability (RGA) while (ii) we are under a duty in engaged discursive practice to justify such claims to others, or be able to do so, on grounds that meet RGA. The paper critically engages this view. I argue that Forst builds a key component of RGA, i.e., reciprocity of reasons, on an idea of the reasonable that undermines both (i) and (ii): if RGA (...) builds on this idea, RGA is viciously regressive and a duty of justification to meet RGA fails to be agent transparent. This negative result opens the door for alternative conceptions of reciprocity and generality. I then suggest that a more promising conception of reciprocity and generality needs to build on an idea of the reasonable that helps to reconcile the emancipatory or protective aspirations of reciprocal and general justification with its egalitarian commitments. But this requires to downgrade RGA in the order of justification and to determine on prior, substantive grounds what level of discursive influence in reciprocal and general justification relevant agents ought to have. (shrink)

The current practices of refugee protection refugees largely leave the burdens of the refugee regime to lie where they fall. Those states which are geographically proximate to refugee-producing regions, already amongst the least advantaged, bear the bulk of these burdens. In this paper, I critically assess two proposals which seek to address this maldistribution: a market in asylum services and a principle of comparative advantage. I argue that from the standpoint of justice, these proposals share two objectionable features. First, they (...) enable relations of domination between states, because they ignore the background relations of inequality upon which they depend for their effectiveness. Second, they institute an injustice of ‘misframing,’ in that they preclude consideration of refugees’ legitimate claims to be hosted (or not to be hosted) in a particular state. The failings of these approaches are illuminating and, I argue, provide us with some theoretical desiderata for a positive account of justice in the distribution of responsibilities to refugees. (shrink)

Journal of Social Philosophy, EarlyView.

The issue of political violence is mostly absent from current debates about power. Many conceptions of power treat violence as wholly distinct from or even antithetical to power, or see it as a mere instrument whose effects are obvious and not in need of political analysis. In this paper, I explore what kind of ontology of power is necessary to properly take account of the various roles that violence can play in creating and maintaining power structures. I pursue this question (...) by contrasting the views of Hannah Arendt and Michel Foucault. For Arendt, power is generated and maintained by communicative practices. She argues that power and violence are ‘opposites’ because violence can only destroy but not create these practices. In contrast, Foucault’s conception explicitly allows violence to play a constitutive role in generating power. I argue that while Arendt is right to insist that power and violence are not identical, it does not follow that violence cannot play any role in constituting power. Guided by Foucault’s approach, I formulate a non-dualist account of the relationship between power and violence that takes seriously the role that bodies, material things, and built infrastructures play in making social relations ‘more durable’ and constituting power. (shrink)

Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...) misleading, interactional account of domination that misconceives its structural character. Domination, I maintain, is a structurally constituted form of power. Whether the mugger in the park dominates you or not can only be established by analysing the wider power structures in which your interaction is embedded. (shrink)

Desde hace unas décadas se ha manifestado un movimiento en la literatura relevante que busca la superación de la tolerancia, especialmente en casos como el de la diversidad sexual y otras diferencias atributivas. La idea subyacente es que la tolerancia es incompatible con el respeto que nos debemos como iguales en una democracia. En este artículo argumentamos que la noción de respeto que motiva tal movimiento es inadecuada políticamente, dados los profundos desacuerdos de nuestras sociedades. En su lugar proponemos una (...) alternativa que denominamos “respeto institucional”, que privilegia las posibilidades efectivas de participación política. (shrink)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...

Theories of domination are primarily attempts to understand the value of justice, freedom, and equality by examining cases where they are absent. Such theories seek to clarify and systematize our judgments about what it is to be weak against uncontrolled strength, i.e., about what it is to be vulnerable, degraded, and defenseless against unrestrained power. -/- Much contemporary disagreement about domination involves competing answers to three questions: (1) Who, or what, can dominate? (2) Is it possible to dominate merely by (...) having power with a certain structure, or is domination an exercise or an abuse of power? (3) Exercised or unexercised, what kind of power is domination? The remainder of this entry will address each of these questions in turn, then conclude with a survey of how the idea of domination has been used in recent applied ethical theory. It will become clear as we examine competing answers to these three questions that different theorists have very different ideas of why, exactly, we need a theory of domination. There may be wide agreement that we need the idea of domination to make sense of unjust power relations, but unjust power relations are wildly varied, and theorists of domination disagree not only about which varieties most need to be understood, but about how theorizing domination helps us to understand them. (shrink)

In this essay we criticise Rainer Forst's attempt to draw a connection between power and justification, and thus ground his normative theory of a right to justification. Forst draws this connection primarily conceptually, though we will also consider whether a normative connection may be drawn within his framework. Forst's key insight is that if we understand power as operating by furnishing those subjected to it with reasons, then we create a space for the normative contestation of any exercise of power. (...) He calls this the noumenal understanding of power. Against the conceptual connection between power and justification, we argue that (i) on most plausible accounts of political freedom, some freedom-restrictions commonly attributed to the successful exercise of power would perplexingly count as failures of power on Forst's view, and that (ii) on the most plausible account of reason-recognition, namely an appropriateness of response account, a justification relation is only a sufficient but not necessary condition for recognition. Against the normative connection, we argue that (iii) Forst can establish the existence of a right to justification only if he reconsiders the transcendental aspirations of his theory. (shrink)

In this article, I address the various objections raised by Simone Chambers, Stephen White and Lea Ypi concerning my version of a critical theory of politics. I explain the basic assumptions that inform my account of a critique of relations of justification, its particular method and aims.

The most promising recent attempt to rethink both Discourse Ethics (especially Rawls and Habermas) and Kantian deontology is found in the work of Rainer Forst. This paper suggests the strength of the latter lies in its shift from a theory of justice to a theory of injustice: from the question of what legitimates claims that seek normative consensus, to claims that argue the normative status quo is problematic. In Forst’s idiom: claims arguing the justifications behind that status quo are unacceptable. (...) Yet the association of injustice with justificatory inequality—disparities in people’s capacity to either demand or present reasons—ends up tracking not injustice but mere disagreement. In so doing this theory effectively exposes the broader problem of discourse ethics: its conception of injustice as a (negative) quality of discursive conduct rather than of social relations. At the same time, Forst’s theory also effectively implies a more wholesale rejection of the deontological interpretation of dignity than his reading of Kant suggests. This dual-impasse points to an alternative albeit latent conception of injustice, offering a more promising starting-point for Critical Theory: Injustice understood not as dignity-violations, but as forms of social interdependence predicated on turning certain people systemically vulnerable. (shrink)

This paper develops a domination-based practice-dependent approach to justice, according to which it is practices of systemic domination which can be said to ground demands from justice. The domination-based approach developed overcomes the two most important objections levelled to alternative practice-dependent approaches. First, it eschews conservative implications and hence is immune to the status quo objection. Second, it is immune to the redundancy objection, which doubts whether empirical facts and practices can really play an irreducible role in grounding justice. In (...) theorising dominating practices in terms of practices of social power, a domination-based approach makes justice dependent on factual information in three ways: First, the principle of non-domination is indeterminate and can only be spelled out by taking into view particular contexts of domination. Second, the principle of non-domination is conditional on the existence of practices of social power. Third, social power possesses a structural ontology – to know whether A has social power over B we need to turn to social rules distributing agents' higher order status of normative authority towards each other. This explains in what way practices of social power – and of domination – are both factual and normative practices and hence how such practices are non-redundant in grounding justice. (shrink)

From the perspective of sociological theory, Foucault’s concepts of power, power-knowledge, and discipline are one-sided. While Foucault contends that there is no center of power, his account of power remains top-down or structural, missing the interactive and enabling aspects of power. A more balanced view would suggest that all exercises of power include meaningful agency (the ability to do something); social structures (not simply as constraints but as interactive creations); social knowledge (including both reifying truth claims and enabling truth or (...) knowledge); and social-ontological being-in-the-social-world (both as enabling and dominating). (shrink)

The main purpose of this paper is to examine the ‘existence theory’ proposed by Patrick Baert, Marcus Morgan, and Rin Ushiyama. To this end, it focuses on some key issues that could, and arguably should, be explored in more detail, especially if the authors decide to develop their project further, permitting them to establish a new interdisciplinary branch of inquiry. The comments and suggestions made in this paper are meant to be constructive, supporting the idea that Baert, Morgan, and Ushiyama’s (...) outline could, and should, be turned into a bold, systematic, and long-term research programme. More specifically, the in-depth analysis of Baert, Morgan, and Ushiyama’s theoretical framework demonstrates that their undertaking, which draws on central insights from both existentialism and phenomenology, contributes to bridging the disciplinary gap between philosophy and sociology. The paper concludes by asserting that Baert, Morgan, and Ushiyama’s model provides a solid foundation for an ambitious, but viable, project that may result in the creation of a new current of research, capable of generating valuable insights into the tension-laden confluence of existential milestones, existential ladders, and existential urgencies in the theatre of human life. (shrink)

Although Amy Allen’s critique of contemporary Frankfurt School critical theory has been widely discussed, her concern for an adequate conceptualization of reason’s intertwinement with power has not received the attention it deserves. The article shows that the diagnosis of a too idealistic account of reason forms the backbone of Allen’s charges against Habermas, Honneth and Forst, before it discusses her criteria for an adequate conceptualization of the intertwinement of reason and power. It demonstrates that Allen’s attempt to formulate such a (...) conceptualization falls short of two of her own criteria, namely the basic commitments of essentially impure reason and radical self-reflexivity. Taking seriously Allen’s proposal for a radical self-reflexive genealogical critique would force her to question the very terms in which she formulates her critique of critical theory, namely the search for “normative foundations,” and the article sketches a way for doing so. (shrink)

Many theories of social justice maintain that concern for the social bases of self-respect grounds demanding requirements of political and economic equality, as self-respect is supposed to be dependent on continuous just recognition by others. This paper argues that such views miss an important feature of self-respect, which accounts for much of its value: self-respect is a capacity for self-orientation that is robust under adversity. This does not mean that there are no social bases of self-respect that such theories ought (...) to incorporate. It means that they are different: they consist of the motivational and epistemic resources needed to develop and maintain such robustness. (shrink)

Who is responsible for fighting domination? Answering this question, I argue, requires taking the structural dimension of domination seriously to avoid unwillingly reproducing domination in the nam...

Journal of Social Philosophy, EarlyView.

According to Rainer Forst, a critical theory of power must break with the tendency of political theorists to conceive of power in opposition to normativity. Appropriately, Forst proposes a noumenal definition according to which power is normative: It works through recognition of reasons and is thereby open to critical assessment. In this discussion note, I first clarify the normativity of power in Forst’s noumenal theory by means of Donald Davidson’s theory of action and then explain how theory of action leads (...) to a different understanding of force and violence from Forst’s noumenal theory. In doing this, I find reason to endorse a non-normative definition of power on the lines proposed by Robert Dahl and endorsed by most authors in analytical political theory. This definition nevertheless remains faithful to Forst’s methodological guideline that a theory of power must keep in view the relations between power and normativity. (shrink)

In my article, I want to focus on the critique Cristina Lafont makes to expertocracy and epistocracy, mainly through the institution of judicial review, to which she dedicates chapter 7 and part of...

Being autonomous depends on the kind of relations we enjoy in the different domains of our lives, but the impact of decision-making and the power exercise that takes place in the political sphere, makes political relations crucial to our development and enjoyment of autonomy. This dissertation develops a novel view of political participation by interrogating its connection to our personal autonomy. According to this view, our political relations are partially constitutive of our personal autonomy, which in other words means there (...) is a political aspect of our autonomy. The kind of political relations we should hold to fully enjoy our autonomy is what I call Relations of Mutual Recognition. It is the mutual recognition of each agent’s autonomous standing—translated into a proper distribution of political power— that will face dominating political relations. The basis for that domination comes from our democracies’ power imbalances that condition influence over political decision-making to each individual’s economic, social or cultural standing. Consequently, there are political conditions for our autonomy to thrive. Relations of Mutual Recognition require two main conditions: non-domination and control. I take these two neo-republican ideals and redefine them to shape what a proper distribution of political power amounts to. Political participation comes in precisely to identify a way to challenge power imbalances. Therefore, my definition of political participation, which I call Collective Self-Government, requires a particular sort of implementation. Accordingly, I suggest a deliberative and inclusive arrangement that involves direct and innovative forms of decision-making, and more importantly, grants relevant shares of authority to all actors, i.e., common citizens, legislators, technocrats, etcetera. This project could rightly belong to both a relational approach to autonomy and be labelled as a version of deliberative democracy. However, relational accounts focus on our social relations, whilst I claim that we cannot be “less” or non-autonomous in the political sphere and still enjoy an autonomous life. Likewise, the participatory focus—in the sense of inclusion of all actors—of this proposal more accurately turn it into either a participatory version of deliberative democracy or a deliberative version of participatory democracy. (shrink)

This article outlines the chief challenges concerning the philosophical theories of emancipation and clarifies the solutions provided by a so-called negative theory of justice. Besides highlighting the classic questions that every philosophical theory of emancipation is expected to answer, the article aims to highlight the link between this theoretical framework and an immanent critique of conditions of domination. Moreover, it sheds light on the main differences between this theoretical perspective and Honneth’s theory of recognition, Fraser’s three-dimensional conception of justice, and (...) the critique of power relations recently advanced by Rainer Forst. The comparative analysis of these theoretical approaches will make it possible to highlight and appreciate the main merits of a so-called negative theory of justice that combines a multidimensional diagnosis of existing asymmetries of power with an immanent critique of their justifications. (shrink)

Universal Declaration of Human Rights 70th anniversary is been celebrated in 2018. On the other hand, people are still arguing about the political, juridical, social and civilizational gains it has provided. Such discussions, however, focus on peripheral aspects of Human Rights, losing sight of what could be understood as its highest normative gain. Whenever arguments are not completely rectified, they dissociate from the social demands that actually gave them meaning and relevance. From this scope, the article intends to reconstruct the (...) conceptual and argumentative aspects of Human Rights from the critical theory of relations of justification by Rainer Forst, in which Human Rights are interpreted as arising from a fundamental right to justification. This fundamental right, in Forst’s theory, is interpreted as being part of the “deep grammar” of social conflicts. According to the Forstian theory, we argue for an interpretation of Human Rights capable of encompassing the multiple aspects of these rights, avoiding reductionism and unilateral interpretations of it. This presentation has been divided into three parts. First, it presented some traditional “pictures”, current forms of referring to Human Rights and its characteristics, against which another picture will be proposed, in order to place social conflicts and rejections of injustice as a starting point for the Human Rights. Next, the Forst’s principle of justification and the recursive argument that led toit was discussed. Finally, a critical interpretation of the Forstian proposal, which dealtwith the purposes that his theory is allegedly seeking, was carried out. (shrink)

Autocratic control of civil society, including academia, can be extended to democratic societies and institutions in ways that pose threats to liberal-democratic values, such as academic freedom, for example through mechanisms and practices that lead to academic self-censorship. Engaging critically with the literature on ‘sharp power’ and ‘authoritarian influencing’ addressing this phenomenon, this paper argues that democratic actors who, without sharing the repressive goals of autocracies, contribute to their success in settings of international collaboration and exchange can become structurally complicit (...) with such wrongs. Recognizing the risk of complicity is a necessary first step towards addressing the political responsibilities resulting from it. (shrink)