Without looking beyond the conditions under which laying hens typically live in the contemporary U.S. egg industry, we can understand why the production and consumption of factory farmed eggs could be judged immoral. However, the question, What (if anything) is wrong with animal by-products? cannot always be adequately answered by looking at the conditions under which animals live out their productive lives. For the dairy industry looks benign in those terms, but if we look beyond the conditions under which milk (...) cows live, we can better understand some animal rights activists' reasons for objecting to dairy products. The contemporary U.S. dairy industry requires a slaughter industry between one-seventh and one-third the size of the contemporary beef industry. Today, beef slaughter is vastly more humane than poultry slaughter, but if today's beef slaughter industry is judged emmoral, the contemporary dairy industry should be judged similarly immoral, because the two are wedded. This is the deep reason for moral suspicion of the dairy industry. (shrink)

Since Gallie introduced the notion of essentially contested concepts, it has given rise to considerable debate and confusion. The aim of this paper is to bring clarity to these debates by offering a critical reconstruction of the notion of essential contestedness. I argue that we should understand essentially contestable concepts as concepts that refer to ideals or to concepts and phenomena that can only be fully understood in light of ideals and that are, as a consequence, open to pervasive contestation. (...) Moreover, some concepts are second-order essentially contested: it may be a matter of ongoing dispute as to whether they should be regarded as essentially contested. The concept of law is an example. Some authors argue that it is ideal-oriented, whereas others claim it is not. This insight that ‘law’ is a second-order essentially contested concept may explain some of the disagreements between legal positivism and its various opponents. (shrink)

As law originates in violence, it is always haunted by its constitutive trauma. Recourse to law's origin, which is implicitly or explicitly sought in adjudication, thus requires a way to deal with law's trauma. What is needed is a cover, to be provided through interpretation. Four such interpretive ‘cover up’ operations, all necessarily somewhat duplicitous, are discussed. The first three represent main currents in legal theory. First, the standard legal view, which denies the trauma but relies on traditional authority to (...) cover it. Second, a ‘neurotic’ solution, in which trauma is also denied but nevertheless cover is produced through collective interpretation. In the third, ‘perverse’ solution, trauma is admitted, and even enjoyed; on the other hand, it is denied that cover can be produced by any interpretive authority. The fourth option provides an alternative: recognition of law's trauma, covering it through the collectively shared practice of interpretation. It is shown that an example of such a collective effort can be found in the Dutch practice of gedogen, the deliberate under-enforcement of law, which is capable of creating an ‘informal rule of law’ that deals with intractable social problems more successfully than attempts formally to enforce applicable law. (shrink)

This collection of papers builds on the idea that the bioeconomy provides a framework for potentially effective solutions addressing the grand global challenges by a turn towards an increased use of biological resources, towards renewability and circularity. Consequently, it cannot be perceived as an end in itself. Thus, innovative endeavors within this bioeconomy framework require a serious examination of their normative premises and implications. From different perspectives, the five contributions to the collection demonstrate that for a bioeconomy that is to (...) contribute to the transformation towards sustainability, inquiries into norms, values, and paradigms of innovators and other stakeholders are indispensable. Originating in the spirit of an interdisciplinary workshop on the "The Normative Dimension of Transformations towards a Sustainable Bioeconomy", the collection at hand provides an attempt to facilitate an increased commitment of social sciences into bioeconomy discourses. We learn: the bioeconomy is on the rise as it is, but whether it will guide us the way towards an equitable, environmentally sound, and future-proof economy, heavily depends on the normative guardrails imposed by science, society, and business. Recent discussions have shown that the pressing problems and complex challenges humanity is currently facing cannot be adequately tackled by approaches that. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

I compare a ‘realist’ with a ‘social–relational’ perspective on our judgments of the moral status of artificial agents (AAs). I develop a realist position according to which the moral status of a being—particularly in relation to moral patiency attribution—is closely bound up with that being’s ability to experience states of conscious satisfaction or suffering (CSS). For a realist, both moral status and experiential capacity are objective properties of agents. A social relationist denies the existence of any such objective properties in (...) the case of either moral status or consciousness, suggesting that the determination of such properties rests solely upon social attribution or consensus. A wide variety of social interactions between us and various kinds of artificial agent will no doubt proliferate in future generations, and the social–relational view may well be right that the appearance of CSS features in such artificial beings will make moral role attribution socially prevalent in human–AA relations. But there is still the question of what actual CSS states a given AA is capable of undergoing, independently of the appearances. This is not just a matter of changes in the structure of social existence that seem inevitable as human–AA interaction becomes more prevalent. The social world is itself enabled and constrained by the physical world, and by the biological features of living social participants. Properties analogous to certain key features in biological CSS are what need to be present for nonbiological CSS. Working out the details of such features will be an objective scientific inquiry. (shrink)

This article deals critically with the process of coming to terms with ‘genocide’. It starts from the observation that conventional philosophical and legal approaches to capturing the essence of ‘genocide’ through an improved definition necessarily fail to adapt to the ever-changing nature of political violence. Faced with this challenge, the article suggests that the contemporary debate on genocide (and its denial) should be complemented with a focus on transforming the perceptive and interpretive frameworks through which acts of violence are discussed (...) in the public sphere. The main purpose of this article is to contribute, from the vantage point of political theory, to this debate by offering a novel normative perspective on negative reactions to genocide. Hence I argue that it is productive to speak of ‘genocide blindness’ in cases when the members of the public sphere are simply incapable of seeing an instance of violence as genocidal. To establish this claim, the article introduces Ludwig Wittgenstein’s reflections on ‘aspect-seeing’ so as to underline the importance of changing the way that political violence is perceived and interpreted. In a second step, the article turns to María Pía Lara’s theory of storytelling as a concrete mechanism for triggering and instituting this kind of change. (shrink)

Definitions may seem marginal to the sociological enterprise but can be very useful; however, they can also lead to serious errors. Examples of both are given in this article. Different types of definitions are presented, and their relevance for sociology is highlighted. A stipulative definition, for example, is very useful in sociology, as opposed to lexical and ostensive definitions. The definition of a concept that is used in a sociological analysis has to be sociological in nature, and the concept cannot (...) have the same meaning as it has in everyday language. Additional items to bear in mind when a definition is put together are discussed, including some tips on how to proceed that come from political science (Sartori, Collier, Goertz). A definition can also be very helpful in the research process itself by indicating which are the important aspects of some phenomenon to focus on (Weber, Blumer). On the negative side, a term that is not properly defined may lead to misunderstandings as well as to a false sense of agreement with other uses of the term. (shrink)

Justice is a contested concept. There are many different and competing conceptions, i.e. interpretations of the concept. Different domains of justice deal with different fields of application of justice claims, such as structural justice, distributive justice, participatory justice or recognition. We present a formal conceptual structure of justice applicable to all these domains. We show that conceptions of justice can be described by specifying the following conceptual elements: the judicandum, the community of justice including claim holders and claim addressees, their (...) claims, the informational base for the assessment, the principles of justice, and on a more practical level, the instruments of justice. By specifying these conceptual elements of justice, it is possible to analyse and compare different conceptions of justice, to assess their internal consistency, to explore new definitions of justice in an analytical way, and to explicate an idea of justice in a manner that provides concrete links to the relevant context. (shrink)

When it comes to the question of what kind of moral claim an intelligent or autonomous machine might have, one way to answer this is by way of comparison with humans: Is there a fundamental difference between humans and other entities? If so, on what basis, and what are the implications for science and ethics? This question is inherently imprecise, however, because it presupposes that we can readily determine what it means for two types of entities to be sufficiently different—what (...) I will refer to as being “discontinuous”. In this paper, I will sketch a formal characterization of what it means for types of entities to be unique with regard to each other. This expands upon Bruce Mazlish’s initial formulation of what he terms a continuity between humans and machines, Alan Turing’s epistemological approach to the question of machine intelligence, and Sigmund Freud’s notion of scientific revolutions dealing blows to the self-esteem of mankind. I will discuss on what basis we should regard entities as (dis-)continuous, the corresponding moral and scientific implications, as well as an important difference between what I term downgrading and upgrading continuities—a dramatic difference in how two previously discontinuous types of entities might become continuous. All of this will be phrased in terms of which scientific levels of explanation we need to presuppose, in principle or in practice, when we seek to explain a given type of entity. The ultimate purpose is to provide a framework that defines which questions we need to ask if we argue that two types of entities ought (not) to be explained (hence treated) in the same manner, as well as what it takes to reconsider scientific and ethical hierarchies imposed on the natural and artificial world. (shrink)

Islamic building codes require mosques to face Mecca. The further Islam spreads, the more apt are believers to fall into a quandary. X faces Y only when the front of X is closer to Y than any other side of X. So the front of the mosque should be oriented along a shortest path to Mecca. Which way is that? Does the path to Mecca tunnel through the earth? Or does the path follow the surface of the earth?

The Pyrrhonian sceptic Favorinus of Arelata personified indeterminacy, cultivating his (or her) borderline status to undermine dogmatism. Inspired by the techniques of Favorinus, I show, by example, that ‘vague’ has borderline cases. These concrete steps lead to a more abstract argument that ‘vague’ has borderline borderline cases and borderline borderline borderline cases. My specimens are intended supplement earlier non-constructive proofs of the vagueness of ‘vague’.

Contra las tesis que sostienen que Kant presenta versiones empobrecidas, poco originales o timoratas de republicanismo, tolerancia e ilustración, aquí se argumenta que tales versiones kantianas son, con todos los matices que se quiera, tendencialmente radicales, y terminan por descansar en la coimplicación entre moralidad y estado constitucional y republicano de derecho.

A number of tensions have been suggested between stakeholder theory and strategic management (SM). Following a brief review of the histories of stakeholder theory and mainstream SM, we argue that many of the tensions are more apparent than real, representing different narratives about stakeholder theory, SM, business, and ethics. Part of the difference in these two theoretical positions is due to the fact that they seek to solve different problems. However, we suggest how there are areas of overlap, and we (...) argue that some of the tensions may, instead, provide interesting ways to put the two areas of scholarship and practice together. We maintain that SM and stakeholder theory could mutually benefit from a more pragmatist philosophy. (shrink)

This paper aims at providing an epistemic defense of democracy based on John Dewey’s idea that democracies do not only find problems and provide solutions to them but they also articulate problems. According to this view, when citizens inquire about collective issues, they also partially shape them. This view contrasts with the standard account of democracy’s epistemic defense, according to which democracy’s is good at tracking and finding solutions that are independent of political will-formation and decision-making. It is also less (...) vulnerable to the criticisms that have been raised against the standard account. To show this, the paper develops a theory of expressive domination and argues that problem-articulation works best when it is inclusive and domination-free. It also shows that democratic conflict represents a fundamental element for problem-articulation. (shrink)

Because wicked problems are beyond the scope of normal, industrial-age engineering science, sustainability problems will require reform of current engineering science and technology practices. We assert that, while pluralism concerning use of the term sustainability is likely to persist, universities should continue to cultivate research and education programs specifically devoted to sustainable engineering science, an enterprise that is formally demarcated from business-as-usual and systems optimization approaches. Advancing sustainable engineering science requires a shift in orientation away from reductionism and intellectual specialization (...) towards integrative approaches to science, education, and technology that: draw upon an ethical awareness that extends beyond the usual bounds of professional ethics or responsible conduct of research to include macroethics, adopt anticipatory and adaptive approaches to unintended consequences resulting from technological innovation that result in more resilient systems, and cultivate interactional expertise to facilitate cross-disciplinary exchange. Unfortunately, existing education and research training programs are ill-equipped to prepare scientists and engineers to operate effectively in a wicked problems milieu. Therefore, it is essential to create new programs of graduate education that will train scientists and engineers to become sustainable engineering science experts equipped to recognize and grapple with the macro-ethical, adaptive, and cross-disciplinary challenges embedded in their technical research and development programs. Content Type Journal Article Category Articles Pages 1-18 DOI 10.1007/s10806-011-9342-2 Authors Thomas Seager, School of Sustainability and The Built Environment, Arizona State University, Phoenix Metropolitan Area, AZ, USA Evan Selinger, Department of Philosophy, Rochester Institute of Technology, Henrietta, NY, USA Arnim Wiek, School of Sustainability, Arizona State University, Phoenix Metropolitan Area, AZ, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

The article focuses the possibility of elaboration of a cross-disciplinary methodological approach to formation of the semiotics of power. Four possible forms of relation of semiotic research to the problem of power are revealed upon the basis of Drechsler’s typology. The approaches of Mandoki and Siefkes to formation of the methodological basis of the semiotics of power are analyzed and compared. The author designates the perspective directions of a further research and formulates methodological prerequisites for realization of the specified directions.

What constitutes numerically one and the same tradition diachronically, at different times? This question is the focus of often violent dispute in societies. Is it capable of a rational resolution? Many accounts attempt that resolution with a diagnosis of ambiguity of the disputed concept-Islam, Marxism, or democracy for example. The diagnosis offered is in terms of vagueness, namely the vague criteria for sameness or similarity of central beliefs and practices.

This article argues for the elimination of the concept of life worth living from philosophical vocabulary on three complementary grounds. First, the basic components of this concept suffer from multiple ambiguities, which hamper attempts to ground informative evaluative and classificatory judgments about the worth of life. Second, the criteria proposed to track the extension of the concept of life worth living rest on unsupported axiological assumptions and fail to identify precise and plausible referents for this concept. And third, the concept (...) of life worth living is not shown to serve any major evaluative or classificatory purpose besides those served by already available axiological concepts. By eliminating the concept of life worth living, philosophers will free themselves of the task of addressing ill-posed axiological questions and ground reflection about the worth of life on more rigorous conceptual foundations. (shrink)

In light of the variety of uses of the term autonomy in recent bioethics literature, in this paper, I suggest that competence, not being as contested, is better placed to play the anti-paternalistic role currently assigned to autonomy. The demonstration of competence, I will argue, can provide individuals with robust spheres of non-interference in which they can pursue their lives in accordance with their own values. This protection from paternalism is achieved by granting individuals rights to non-interference upon demonstration of (...) competence. In this paper, I present a risk-sensitive account of competence as a means of grounding rights to non-interference. On a risk-sensitive account of competence individuals demonstrate their competence by exercising three capacities to the extent necessary to meet a threshold determined by the riskiness of the decision. These three capacities are the capacity to acquire knowledge, use instrumental rationality, and form and revise a life plan. (shrink)

This article argues for an extension to the scope of corporate social responsibility (CSR) research to include a contemporary issue of importance to national and global security, critical infrastructure resilience. Rather than extending the multiple perspectives on CSR, this study aimed to identify a method of recognising CSR-related issues, before applying it to two dissimilar case studies on critical infrastructure resilience. One case study was of an international telecommunications company based in the US while the other was of the railway (...) network in Britain during a period of privatisation. The method used was derived from Okoye’s (J Bus Ethics 89(4):613–627, 2009 ) common reference core for CSR. Both case studies satisfied all the criteria sought which points to critical infrastructure resilience as being an emerging CSR issue. Because ongoing change characterises CSR, the method may have application for identifying future new CSR strands. As the findings suggest that some aspects of national and global security are CSR-related phenomena, the study demonstrates how CSR research may be significant at a societal, national and global level. Implications of the study include a broadening of the value and reach of contributions from CSR researchers and practitioners. (shrink)

For the sake of developing and evaluating public policy decisions aimed at combating terrorism, we need a precise public definition of terrorism that distinguishes terrorism from other forms of violence. Ordinary usage does not provide a basis for such a definition, and so it must be stipulative. I propose essentially pragmatic criteria for developing such a stipulative public definition. After noting that definitions previously proposed in the philosophical literature are inadequate based on these criteria, I propose an alternative, which I (...) call the 'group-target' definition and which distinguishes terrorism from other forms of violence by the distinctive principle of discrimination used by terrorists to identify legitimate targets. I argue that this definition meets the criteria for a satisfactory public definition, and suggest that based on it there is good reason to suspect the adequacy of anti-terrorism policies that rely predominantly on forceful interdiction of terrorists. (shrink)

This article asks whether an interdisciplinary "critical science studies" (CSS) is possible between a critical theory in the Frankfurt School tradition, with its commitment to universal standards of reason, and relativistic sociologies of scientific knowledge (e.g., David Bloor's strong programme). It is argued that CSS is possible if its practitioners adopt the epistemological equivalent of Rawls's method of avoidance. A discriminating, public policy–relevant critique of science can then proceed on the basis of an argumentation theory that employs an immanent standard (...) of relevance, which is illustrated by drawing on Helen Longino's critique of behavioral theory. (shrink)

There is a non-trivial chance that sometime in the (perhaps somewhat distant) future, someone will build an artificial general intelligence that will surpass human-level cognitive proficiency and go on to become "superintelligent", vastly outperforming humans. The advent of superintelligent AI has great potential, for good or ill. It is therefore imperative that we find a way to ensure-long before one arrives-that any superintelligence we build will consistently act in ways congenial to our interests. This is a very difficult challenge in (...) part because most of the final goals we could give an AI admit of so-called "perverse instantiations". I propose a novel solution to this puzzle: instruct the AI to love humanity. The proposal is compared with Yudkowsky's Coherent Extrapolated Volition, and Bostrom's Moral Modeling proposals. (shrink)

This paper develops and defends the view that substantively normative uses of words like “good”, “right” and “ought” are irresolvably indeterminate: any single case of application is like a borderline case for a vague or indeterminate term, in that the meaning-fixing facts, together with the non-linguistic facts, fail to determine a truth-value for the target sentence in context. Normative claims, like vague or indeterminate borderline claims, are not meaningless, though. By making them, the speaker communicates information about the precisifications that (...) s/he accepts. The analogy with vague/indeterminate language, I argue, lays out a new and interesting foundation for a subjectivist approach to normativity. (shrink)

Umbilical cord blood banking is one of many biomedical innovations that confront pregnant women with new choices about what they should do to secure their own and their child’s best interests. Many mothers can now choose to donate their baby’s umbilical cord blood (UCB) to a public cord blood bank or pay to store it in a private cord blood bank. Donation to a public bank is widely regarded as an altruistic act of civic responsibility. Paying to store UCB may (...) be regarded as a “unique opportunity” to provide “insurance” for the child’s future. This paper reports findings from a survey of Australian women that investigated the decision to either donate or store UCB. We conclude that mothers are faced with competing discourses that force them to choose between being a “good mother” and fulfilling their role as a “good citizen.” We discuss this finding with reference to the concept of value pluralism. (shrink)

Is our moral cognition “colored” by the language(s) that we speak? Despite the centrality of language to political life and agency, limited attempts have been made thus far in contemporary political philosophy to consider this possibility. We therefore set out to explore the possible influence of linguistic relativity effects on political thinking in linguistically diverse societies. We begin by introducing the facts and fallacies of the “linguistic relativity” principle, and explore the various ways in which they “color,” often covertly, current (...) normative debates. To illustrate this, we focus on two key Rawlsian concepts: the original position and public reason. We then move to consider the resulting epistemic challenges and opportunities facing contemporary multilingual democratic societies in an age of increased mobility, arguing for the consequent imperative of developing political metalinguistic awareness and political extelligence among political scientists, political philosophers, and political actors alike in an irreducibly complex linguistic world. (shrink)

A menudo se piensa que los estándares genéricos de diligencia son una fuente importante de incertidumbre ya que están radicalmente indeterminados. A fin de favorecer la seguridad jurídica, el derecho de daños debería prescindir de ellos tanto como sea posible y optar por ofrecer estándares específicos, redactados en un lenguaje preciso. En este trabajo argumento que los estándares genéricos no están tan indeterminados como usualmente se asume y que, además, cumplen un papel normativo fundamental en la práctica de la responsabilidad (...) civil. (shrink)

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of 'political violence', I argue that critical theory should be focused on experiences of in justice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, J rgen Habermas has not (...) addressed this issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice. (shrink)

Systematic research in the wide field of practical knowledge is a recent phenomenon. In this paper, the approaches which have been developed in the main centres of research into practical knowledge in Norway and Sweden are compared with an emphasis on their potential for revitalizing the study of ethics. The focus on narratives and reflection based on the researcher’s own professional experience which is the distinguishing feature of the centre for practical knowledge at the University of Nordland is seen as (...) a very promising addition to the traditional repertory of ethical studies. (shrink)

The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently (...) antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms “legal synaesthesia” and “legal semiotics”. It also calls for an inquiry into the mind’s functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of “fake news” as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 in an attempt to clarify the principal issues for a global regulatory debate regarding “fake news”. (shrink)

Summary This article introduces a set of essays examining the state of political thought in the Western European democracies of Britain, France, West Germany, Italy and Sweden in the post-war period between 1945 and 1970. In particular, as well as simply filling a gap, they seek to demonstrate that political theory in this period was more vibrant than has traditionally been maintained. A key part of this argument is that the discipline was less adversely affected by the ascendancy of positivism (...) than historians and political theorists have normally argued, not least because ‘positivism’ was in fact a more diverse and varied phenomenon than is usually recognised. For while some positivists drew on either behaviourist social science of linguistic philosophy to justify their denial that moral and political values could be discussed rationally with reference to theoretical arguments, others argued that it was the perceived success of post-war welfare states or the alleged failure of political ideologies that had made traditional political theory irrelevant. This meant that although few political theorists in this period were able to refute all types of positivism entirely, they were able to take issue with different aspects of it, and hence, at least to some extent, to pursue their discipline normatively. However, experiences in different Western European countries nevertheless varied widely. In Britain, normative political theorists faced both versions of the positivist challenge, but their ripostes were largely couched in academic terms, whether addressing the ‘end of ideology’ thesis, behaviourism or linguistic positivism. In West Germany, by contrast, the debate over positivism was much more overtly political, since the legacy of the Weimar republic caused the issue of whether political values in general, and laws in particular, were rationally justifiable to be a peculiarly sensitive one. But even in Sweden, which had a much quieter history, and has often been seen as the epitome of a technocratic political system, it is revealed that the degree to which ‘the end of ideology’ had been reached was much more keenly contested in practical politics than has previously been thought. And in France, it is revealed that there was more interesting academic political theorising being prosecuted than has traditionally been acknowledged, by such thinkers as Jacques Maritain and Raymond Aron, even if there was admittedly less than in, for example, Britain. And lastly, in Italy, despite a badly functioning political system, which tended to encourage cynicism about politics in general, there were in fact important and sophisticated attempts at formulating coherent normative positions, at least on an ideological level. Whatever the differences, however, the conclusion is clear: normative political theory was in general in much better health during this period than has traditionally been admitted, and, as such, is worthy of considerable further exploration. (shrink)

En este artículo se argumenta que el poder de juzgar es una capacidad fundamental para pensar la política. La relevancia de tal capacidad radica en que la estructura y función de los juicios reflexionantes, tal como son leídos por hannah Arendt a partir de la Crítica del Juicio kantiana, nos permiten explicar el difícil equilibrio entre los juicios compartidos en las comunidades y la posibilidad de la crítica.

Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across (...) cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (shrink)

Stakeholder theory is widely accepted but elementary aspects remain indeterminate as the term ‘stakeholder’ is an essentially contested concept, being variously describable, internally complex and open in character. Such contestability is highly problematic for theory development and empirical testing. The extent of essential contestability, previously unknown, is demonstrated in this paper through a bounded systematic review of 593 different stakeholder theory definitions. As an essentially contested concept, the solution does not lie in a universal stakeholder definition, but in debating the (...) boundaries of stakeholder identification. To this end, this paper presents the first major attempt at sorting, filtering and ordering stakeholder theory and stakeholder definitions to produce a comprehensive, multi-dimensional classification of stakeholder theory. The constructs of the classification model juxtapose existing stakeholder theories and contributions from across the multi-contextual applications of stakeholder theory, thereby providing an invaluable overview of what we know about stakeholder theory in one model. The classification model is then tested with positive results. The paper concludes with a comprehensive discussion of the implications of classification stakeholder theory definitions, which has for future research. (shrink)

The concept of the ‘stakeholder’ has become central to business, yet there is no common consensus as to what the concept of a stakeholder means, with hundreds of different published definitions suggested. Whilst every concept is liable to be contested, for stakeholder research, this is problematic for both theoretical and empirical analysis. This article explores whether this lack of consensus is conceptual confusion, which would benefit from further debate to try to reach a higher degree of elucidation, or whether the (...) stakeholder concept is essentially contested, rendering the quest to seek a singular definition unfeasible. The theory of essentially contested concepts was proposed by Gallie (Proc Aristot Soc 56:167–198, 1956 ). The seven criteria Gallie prescribes for evaluating essentially contested concepts are applied to the stakeholder concept. The analysis suggests that this concept is an essentially contested concept and this explains the degree of definitional variation. (shrink)

Algunos autores contrarios a la práctica constitucional actualmente dominante han defendido una rigidez constitucional “mínima” como una forma “débil” del constitucionalismo en la que la voluntad mayoritaria puede identificar el alcance de los derechos fundamentales por encima de las determinaciones judiciales. El objetivo de este trabajo es plantear algunas reflexiones críticas sobre dicha propuesta, adoptando para ello como parámetro normativo la racionalidad intrínseca de la práctica constitucional contemporánea en las democracias liberales. Dicha argumentación crítica avanza del siguiente modo: en primer (...) lugar, se discute la distinción formal entre sistemas de control jurisdiccional “fuerte” y “débil”; en segundo lugar, se pone en duda la supuesta relevancia de la reforma constitucional en la concreción histórica de los derechos básicos; y, por último, se rechaza la rigidez constitucional mínima entendida como parte de un modelo constitucional genuinamente alternativo diseñado para superar la práctica constitucional dominante. (shrink)

The notion of politicization has been often assimilated to that of partisanship, especially in political and social sciences. However, these accounts underestimate more fine-grained, and yet pivotal, aspects at stake in processes of politicization. In addition, they overlook cognitive mechanisms underlying politicizing practices. Here, we propose an integrated approach to politicization relying on recent insights from both social and political sciences, as well as cognitive science. We outline two key facets of politicization, that we call partial indetermination and contestability, and (...) we show how these can be accounted for by appealing to recent literature in cognitive science concerned with abstract conceptual knowledge. We suggest that politicizing a concept often implies making its more abstract components more salient, hence legitimating its contestable character. Finally, we provide preliminary suggestions to test our proposal, using the concept of gender as case study. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

The purpose of this paper is to inquire into the relationship between persuasive definition and common knowledge (propositions generally accepted and not subject to dispute in a discussion). We interpret the gap between common knowledge and persuasive definition (PD) in terms of potential disagreements: PDs are conceived as implicit arguments to win a potential conflict. Persuasive definitions are analyzed as arguments instantiating two argumentation schemes, argument from classification and argument from values, and presupposing a potential disagreement. The argumentative structure of (...) PDs reveals different levels of disagreement, and different pos-sibilities of resolving the conflict or causing dialogical deadlock. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...) resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)