European constitutional traditions share a commitment to freedom of conscience and religion, but differ on their interpretation of whether such freedoms do or do not require a clear cut separation of state and church. Weiler has advocated that the writing of a Constitution for the European Union is a very apt moment to reconsider the conceptualization of freedom of conscience and religion. On constitutional and historical grounds, he has advocated that a reference to Christian values should be made in the (...) preamble of the European fundamental law, and that this will be the alternative most respectful to the pluralistic national solutions, ranging from republican non-confessionality to the establishment of an official church. But contrary to what Weiler argues, the drafting of the constitution of the European Union is not bound by the present shape of European constitutional traditions; moreover, it is hard to conclude that the present common constitutional traditions require an explicit reference to Christianity to be included in the text. Furthermore, the claim that the individual and collective identities of Europeans are unavoidably shaped by Christian values is only tenable if we uphold a rather simplistic relation between history, memory, and identity. Finally, once one moves from law and history to practical reasoning, one finds that there are good substantive reasons why our collective identity should not contain reference to Christian values. (shrink)

Pragmatist reinterpretations of both deliberative‐communicative theory and legal positivism point out the mentalist fallacy entailed by these prevalent models. I argue that pragmatist approaches imply analogous erroneous beliefs since they presuppose as given the shared perception of social contexts. Therefore they take for granted the shared interpretation of social problems and shared selection of common goals. Hence I advance the necessity of inquiring into the possibility conditions for a shared perception of social contexts. This would entail the organization of institutional (...) incentives meant to extend the scope and inclusiveness of the immediate perception of social context expressed by different agents. (shrink)

In diesem Beitrag argumentieren wir, dass eine umfassende Implementierung sogenannter Nudges weitreichende Auswirkungen für rechtliche und politische Institutionen hat. Die wissenschaftliche Diskussion zu Nudges ist derzeit hauptsächlich von philosophischen Theorien geprägt, die im Kern einen individualistischen Ansatz vertreten. Unsere Analyse bezieht sich auf die Art und Weise, in der sich Anhänger des Nudging neuster Erkenntnisse aus den Verhaltenswissenschaften bedienen – immer in der Absicht, diese für effektives Regieren einzusetzen. Wir unterstreichen, dass die meisten Nudges, die derzeit entweder diskutiert werden oder (...) bereits implementiert sind, nicht Teil eines Rechtssystems sind und keinen normativen Charakter haben. Dazu unterscheiden wir zwischen zwei Idealtypen, um menschliches Verhalten zu beeinflussen, die wir als normativ bzw. instrumentell bezeichnen. Diese Idealtypen stehen für verschiedene Weisen, in denen öffentliche Regeln strukturiert werden können; sie erlauben uns, die institutionellen Implikationen von Nudges zu verstehen und zu bewerten. Hier betonen wir den Wert des Rechts als Absicherung gegenüber den möglichen schädlichen Konsequenzen von in der Politik und Regierungsführung eingesetzten Nudges. Unser Beitrag schließt mit Reaktionen auf einige Einwände, die unsere Vorschläge bereits erhalten haben. (shrink)

This article aims to make progress towards an account of social cohesion and participation in terms of which we can better understand how groups of people come to constitute stable social orders. It argues for a conceptual distinction between "inclusion" and "integration" and sheds new light on their theoretical relationship. While "integration" refers to group members' willingness to act in accordance with the given norms of a social structure, "inclusion" is linked to their participation opportunities. Although inclusion also plays an (...) essential role in integrating a normative order, levels of inclusiveness necessary for social cohesion may vary across different contexts. (shrink)

How should we understand the relationship between global justice and global democracy? One popular view is captured by the aphorism “No global justice without global democracy.” According to Dryzek and Tanasoca's reading of this aphorism, a particular form of deliberative global democracy is seen as the way to specify and justify what global justice is and requires in various contexts. Taking its point of departure in a criticism of this proposal, this essay analyzes how to best understand the relationship between (...) global justice and global democracy. The aim is not to offer a first-order substantial account of this relationship, but to theorize the normative boundary conditions for such an account; that is, the conditions that any plausible theory should respect. These conditions take the form of what is here called a “three-layered view,” which is specified through three claims. It is argued, first, that global democracy is best seen as a partial normative ideal; second, that global democracy must be grounded in fundamental principles of justice; and third, that global democracy is an ideal through which applied principles of distributive justice are formulated and justified in light of reasonable disagreement about what justice requires. (shrink)

This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...) international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights. (shrink)

The task of this paper is to clarify the notion of pluralism and religious pluralism against the background of disputations on the globalized challenges of religious pluralism, for example the incompatibility between different conceptions of religious pluralism, especially from the lens of a possible conversation on religious pluralism between Jürgen Habermas and Emmanuel Levinas. With a detailed reading into the development of the conceptualization of religious pluralism in each author, addressing the questions such as what is genuine pluralism and on (...) what ground the conflicts within religious pluralism can be re-accounted, we make our passage from challenging the total reliance on political unification by the effort of Habermas, towards adopting a Levinasian alternative path that prioritizes ethical relation over individual ways of plurality in the realization of each one’s good life. Even though it can be acknowledged that Habermas raised the right question against the relativism way of seeing pluralism, it is by Levinas, the ontological ground of pluralism and the universal dimension of the plural are thought not only through justice and politics but more importantly, through a way of responding to the non-familiar tradition with love, where human religion has a single dimension that is the transcendental notion of charity and love. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)

Despite clear parallels between Jürgen Habermas's discourse ethics and recent scholarship in feminist ethics, feminists are often suspicious of discourse ethics and have kept themselves mostly separate from the field. By developing a sustained application of Habermas's discourse ethics to friendship, Keller demonstrates that feminist misgivings of discourse ethics are largely misplaced and that Habermas's theory can be used to develop a compelling moral phenomenology of interpersonal relations.

In this paper, Bronwyn Hayward, a New Zealander, explores Iris Marion Young's argument for decentered deliberation in the context of climate change debate in the South Pacific. Young's criticisms of a centered approach to local planning are examined. Hayward supports Young's argument for decentered deliberation and her concept of ‘linkage’ as a criterion of good decentered democracy. Local forums are identified as essential sites of struggle against injustice. Decentered democracy is strengthened when multiple linkages connect heal forums across time and (...) space. (shrink)

Business research and teaching institutions play an important role in shaping the way businesses perceive their relations to the broader society and its moral expectations. Hence, as ethical scandals recently arose in the business world, questions related to the civic responsibilities of business scholars and to the role business schools play in society have gained wider interest. In this article, I argue that these ethical shortcomings are at least partly resulting from the mainstream business model with its taken-for granted basic (...) assumptions such as specialization or the value-neutrality of business research. Redefining the roles and civic responsibilities of business scholars for business practice implies therefore a thorough analysis of these assumptions if not their redefinition. The takenforgrantedness of the mainstream business model is questioned by the transformation of the societal context in which business activities are embedded. Its value-neutrality in turn is challenged by self-fulfilling prophecy effects, which highlight the normative influence of business schools. In order to critically discuss some basic assumptions of mainstream business theory, I propose to draw parallels with the corporate citizenship concept and the stakeholder theory. Their integrated approach of the relation between business practice and the broader society provides interesting insights for the social reembedding of business research and teaching. (shrink)

This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count sub-ordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

Although democratic theorists often employ musical metaphors to describe their politics, musical practices are seldom analyzed as forms of political communication. In this article, I explore how the music of social movements, what is called “movement music,” supplements deliberative democrats' concept of public discourse as rational argument. Invoking energies, motions, and voices beyond established identities and institutions anticipates a different, more musical democracy. I argue that the “women's music” of Holly Near, founder of Redwood Records and Redwood Cultural Work, exemplifies (...) this transformative power of musical sound. (shrink)

Although democratic theorists often employ musical metaphors to describe their politics, musical practices are seldom analyzed as forms of political communication. In this article, I explore how the music of social movements, what is called “movement music,” supplements deliberative democrats' concept of public discourse as rational argument. Invoking energies, motions, and voices beyond established identities and institutions anticipates a different, more musical democracy. I argue that the “women's music” of Holly Near, founder of Redwood Records and Redwood Cultural Work, exemplifies (...) this transformative power of musical sound. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken on (...) two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

Can critical research on religion offer both an ideology critique and a critical retrieval of religious import? This article suggests that it can, offering a programmatic sketch for a full-fledged critique of religion—a critique both aimed at religion and inspired by religion in a self-critical fashion. The sketch weds elements of a robustly normative critique of Western society with insights derived from the Frankfurt School. First the article maps three societal macrostructures that organize much of contemporary social life—civil society, proprietary (...) economy, and administrative state. Then it discusses solidarity, resourcefulness, and justice as societal principles that can sustain a critique of societal macrostructures. Next it identifies normative deficiencies within and between these macrostructures. On the basis of this architectonic critique, the article then provides an account of religion in its critical and utopian roles. It concludes by envisioning a normative and emancipatory transformation of society as a whole. (shrink)

This article provides a brief selective overview and discussion of recent research into natural language argumentation that may inform the study of human reasoning on the assumption that an episode of argumentation issues an invitation to accept a corresponding inference. As this research shows, arguers typically seek to establish new consequences based on prior information. And they typically do so vis-à-vis a real or an imagined opponent, or an opponent-position, in ways that remain sensitive to considerations of context, audiences, and (...) goals. Deductively valid inferences remain a limiting case of such reasoning. In view of these insights, it may appear less surprising that allegedly “irrational” behavior can regularly be produced in experimental settings that expose subjects to standardized reasoning tasks. (shrink)

This article examines the moral, political and pedagogical tensions that are created from the entanglement of patriotism and human rights, and sketches a response to these tensions in the context of critical education. The article begins with a brief review of different forms of patriotism, especially as those relate to human rights, and explains why some of these forms may be morally or politically valuable. Then, it offers a brief overview of human rights critiques, especially from the perspectives of Foucault, (...) critical legal studies and postcolonial theory, and emphasizes that foundationalist perspectives of human rights need to be constantly contested. The next part of the article discusses how to overcome issues of incompatibility between patriotism and human rights. The final part proposes that a ‘rapprochement’ between patriotism and human rights in the context of critical education has to take into consideration that patriotic feelings (as a form of love for one’s country) constitute a particular form of ‘emotional education’. As such, the teaching of both patriotism and human rights would benefit from the notion of ‘critical pedagogies of emotion’ that interrogates the emotional commitments of patriotism and human rights and the consequences of these commitments. (shrink)

Since its inception, Stakeholder Management Capability (SMC) has constituted a powerful hermeneutic through which business organizations have understood and leveraged stakeholder relationships. On this model, achieving a high level of capability largely depends on managerial ability to effectively bargain with stakeholders and establish solidarity vis-à-vis the successful negotiation, implementation, and execution of "win–win" transactional exchanges. Against this account, it is rightly pointed out that a transactional explanation of stakeholder relationships, regarded by many as the bottom line for stakeholder management, fails (...) to provide managerial direction regarding how to resolve a variety of normative stakeholder claims that resist commoditization. In response to this issue, this paper has two overlapping goals. It seeks to elaborate a discourse theoretical approach to the problem by first drawing out Jurgen Habermas’ theory of communicative action and delineating the various types of rational discourse. Second, the paper attempts to present concrete implications for SMC relative to reshaping the contours of rational, process, and transactional analysis in light of central discourse theoretical conclusions. (shrink)

The purpose. The article presents deep analyzes of legitimacy and the basics of the process of legitimization in democratic societies. The subject of article is to provide an understanding of deliberative democracy as the answer to the discussion about the essence of democratic legitimacy. The core element of deliberative democracy is a theory of discursive legitimating. Methodology. Taking into account Bourdieu’s theory about symbolic power author explains the processes of legitimization as well as the processes of institute’s delegitimization. Author points (...) out that the form of bureaucratic institutes in the late capitalism may cause the delegitimazation of their power. Another problem of democratic legitimacy is the confusion of the voting as procedure of decision making and voting as legitimate principle. Addressing the theory of Pierre Rosanvallon author explains how the way of decision making mistakenly is taken as the core point of democratic legitimacy. Scientific novelty of received results consists of the approach of deliberative democracy in the light of the problems of democratic legitimacy. Conclusions. The author demonstrates that discursive legitimacy as the main idea of deliberative democracy may clarify the misconception of democratic legitimacy. It is not enough to explain the legitimating power of the state as based on the assumption of legal norms and moral principles. It is discursive principle that activates the legitimacy power of state decisions. (shrink)

In order to be exercised meaningfully, political freedom requires the capacity to actually identify available policy options. To ensure this, society ought to engage in deliberation as a discussion oriented towards mutual learning. In order to highlight this issue, I define deliberation in terms of the participants’ openness to preference change, i.e. the deliberative stance. In the context of the systemic approach to deliberative theory, I find several factors causing the atrophy of such a deliberative stance. I note that this (...) state can occur not only when debaters are representatives or are in the presence of an audience, but also when they face the prospect of a binding decision. It is the latter effect that is a serious challenge to the micro-deliberative strategy, one that strives towards decisional powers being granted to deliberative minipublics. Presenting my findings, I propose—as an alternative to the power-oriented ‘ladder of participation’—a distinction between traditional co-decision and deliberative consultation, the latter one being an environment that is more conducive to deliberative stance. This new typology highlights factors that lead to preference petrification and allows for the appreciation of the non-decisional character of micro-deliberation. All of it leads to the conclusion that, in order to preserve their deliberative character in the systemic context, deliberative minipublics should not always be required to have decision-making powers. (shrink)

This research aims to explore the relationship between corporate governance and CSR: What are the major factors that play a direct role in the establishment of this relationship? How does context and institutional background impact upon the relationship between CSR and Governance? Using in-depth semi-structured interviews from two types of governance systems in three countries over three years, this study has demonstrated that in practice, within different settings, CSR is being used both as a strategy as well as a reaction (...) to different drivers. We call this adaptive governance where governance can be defined as a flexible system of action incorporating strategic and monitoring activities that determines the way a company enacts its responsibilities to its shareholders and stakeholders and which is determined at any given time by the interrelationship of institutional drivers and behavioural norms. Governance systems and their interrelationships with CSR are demonstrated as fluid according to the national and institutional context, economic situation and industry impact. In the eyes of practitioners corporate governance includes both structural and behavioural factors as well as responsibilities and actions towards shareholders and stakeholders. Contextual factors that this research highlights to be important to the incorporation of CSR into governance include the economic environment, national governance system, regulation and soft law, shareholders, national culture, behavioural norms and industry impacts. Hypotheses on the impact of institutional contexts, industry impacts and economic situations on different types of CSR actions are proposed for further research. (shrink)

Research concerned with human beings is always an interference of some kind, thus posing ethical dilemmas that need justification of procedures and methodologies. It is especially true in social work when facing mostly sensitive populations and sensitive issues. In the process of conducting a research on the emotional life histories of Israeli men who batter their partners, some serious ethical questions were evoked such as (a) Did the participants really give their consent? (b) What are the limits of the researcher-participants (...) relationship and who decides them? (c) For whom is the study beneficial? and (d) To what degree did the methodology fit with the participants? In this article, I discuss the Socratic idea of truth revealed through dialogue and the idea of reciprocity that was developed in Buber's (1949) ethics of dialogue and Habermas' (1990) communicative ethics. The 3 essential conclusions drawn from the ethical questions raised and the discussion of the thinkers that are mentioned previously are (a) dialogical methodology is ethically justified; (b) dynamic interactions give a more holistic perspective of the human nature, thus enriching the field; and (c) through dialogical methodology both researcher and participant profit from growth of knowledge, which is a key for empowerment and change. (shrink)

In the face of pluralism, moral constructivists attempt to salvage cognitivism by separating moral and ethical issues. Divergence over ethical issues, which concern the good life, would not threaten moral cognitivism, which is based on identifying generalizable interests as worthy of defending, using reason. Yet this approach falters given the inability of the constructivist to provide us a sure path by which to discern generalizable interests in difficult cases. Still, even if this approach to constructivism fails, cognitivist aspirations may not (...) be defeated if we can continue discursively in a project of identifying and appreciating the interests of others. Grasping the interests of others may require a transformation of moral sensibility such that agents recognize values they have not acknowledged before. This view calls for external moral discourse—that is, moral discourse that makes no appeal to an agent's present interests or desires but rather engages in description of the moral situation in hopes of bringing about a change in moral sensibility. (shrink)

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 655-673, June 2022. The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule (...) of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

Recent proposals for computer-assisted argumentation have drawn on dialectical models of argumentation. When used to assist public policy planning, such systems also raise questions of political legitimacy. Drawing on deliberative democratic theory, we elaborate normative criteria for deliberative legitimacy and illustrate their use for assessing two argumentation systems. Full assessment of such systems requires experiments in which system designers draw on expertise from the social sciences and enter into the policy deliberation itself at the level of participants.

Nick Bostrom’s recently patched ‘‘simulation argument’’ (Bostrom in Philos Q 53:243–255, 2003; Bos- trom and Kulczycki in Analysis 71:54–61, 2011) purports to demonstrate the probability that we ‘‘live’’ now in an ‘‘ancestor simulation’’—that is as a simulation of a period prior to that in which a civilization more advanced than our own—‘‘post-human’’—becomes able to simulate such a state of affairs as ours. As such simulations under consid- eration resemble ‘‘brains in vats’’ (BIVs) and may appear open to similar objections, the (...) paper begins by reviewing objections to BIV-type proposals, specifically those due a presumed mad envatter. In counter example, we explore the motivating rationale behind current work in the development of psychologically realistic social simula- tions. Further concerns about rendering human cognition in a computational medium are confronted through review of current dynamic systems models of cognitive agency. In these models, aspects of the human condition are repro- duced that may in other forms be considered incomputable, i.e., political voice, predictive planning, and consciousness. The paper then argues that simulations afford a unique potential to secure a post-human future, and may be nec- essary for a pre-post-human civilization like our own to achieve and to maintain a post-human situation. Long-s- tanding philosophical interest in tools of this nature for Aristotle’s ‘‘statesman’’ and more recently for E.O. Wilson in the 1990s is observed. Self-extinction-level threats from State and individual levels of organization are compared, and a likely dependence on large-scale psychologically realistic simulations to get past self-extinction-level threats is projected. In the end, Bostrom’s basic argument for the conviction that we exist now in a simulation is reaffirmed. (shrink)

The purpose of the university should be grounded in the concept of citizenship rather than the promise of increased future earnings and research consultancy work. However, this conception of citizenship should be republican rather than liberal. British higher education institutions have suffered at the hands of mechanisms intended to promote accountability. The concept of accountability has undermined the legitimate authority of the university. As pressures from student fee increases, fiscal austerity and accountability mechanisms further undermine the ethic of scholarship, the (...) idea of the university needs to recover its central purpose to ward off civic privatism. (shrink)

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

Google is a complex and complicated political beast with a significant, and often confusing, interest, in copyright matters. On one hand, for example, Google is widely accused of profiting from piracy. On the other, Google routinely complies with what is rapidly approaching a billion copyright takedown requests annually. In the present article, Foucault, neo-Gramscians, and Deleuze and Guattari are utilized to help construct a 32 dispositive analysis framework that overlaps three dispositive modalities and perspectives. In applying the framework to the (...) Google–copyright relationship, the article shows how Google was “born political”: in that it was, and still is, disposed by an apparatus comprised of copyright laws, Silicon Valley culture, and broad advances in digitization. Moreover, the article shows how Google continuously acts where “politics is born”: as it significantly shapes copyright considerations by disposing of human and organizational phenomena through articulations and assemblages. (shrink)

I here distinguish dissensual from consensual corporate social responsibility (CSR) on the grounds that the former is more concerned to organize (or portray) corporate-civil society disagreement than it is corporate-civil society agreement. In doing so, I first conceive of consensual CSR, and identify a positive and negative view thereof. Second, I conceive of dissensual CSR, and suggest that it can be actualized through the construction of dissent enabling, rather than consent-oriented, public spheres. Following this, I describe four actor-centred institutional theories—i.e. (...) a sociological, ethical, transformative and economic perspective, respectively—and suggest that an economic perspective is generally well suited to explaining CSR activities at the organizational level. Accordingly, I then use the economic perspective to analyse a dissent enabling public sphere that Shell has constructed, and within which Greenpeace participated. In particular, I explain Shell’s employment of dissensual CSR in terms of their core business interests; and identify some potential implications thereof for Shell, Greenpeace, and society more generally. In concluding, I highlight a number of ways in which the present paper can inform future research on business and society interactions. (shrink)

A growing proportion of clinical research funded by pharmaceutical companies, high-income country research agencies, and not-for-profit funders is conducted in low- and middle-income settings. Disparities in wealth and access to healthcare between the populations where new interventions are often tested and those where many of them are ultimately marketed raise concerns about exploitation. This chapter examines several ethical requirements frequently advanced as mechanisms for protecting research subjects in underserved communities from exploitation and evaluates the effectiveness of those mechanisms as responses (...) to exploitation worries. It goes on to highlight where the conceptual frameworks relied upon by research ethicists must be improved if we are to fully understand the nature of the moral claims and obligations that arise in research conducted in underserved communities. (shrink)

Ethical oversight of clinical research is one of the primary means of ensuring that human subjects are protected from the natural bias of researchers and research institutions in favor of experimentation. At a minimum, effective oversight should ensure that risks are minimized and reasonable in relation to anticipated benefits, protect vulnerable subjects from potential coercion or undue influence, ensure full and informed consent, and promote the equitable distribution of the risks and benefits of research. Because these assessments often involve value (...) judgments for which there are no agreed-upon objective standards, we rely on deliberative procedures thought to have the greatest likelihood of producing the right or best outcomes. Concerns about the potential for improperly functioning IRBs to waste scarce human and institutional resources and impede biomedical progress have motivated a surge in empirical research assessing their procedures and outcomes. Yet within this literature, there has been minimal attention paid to the social scientific evidence regarding how individuals and deliberating groups make decisions, nor how those data might inform IRB practice. This essay seeks to fill that gap, locating recent empirical data on IRB composition and process within the context of data regarding what I call “deliberative pathologies,” or instances when deliberation fails to live up to one or more aspect of the deliberative ideal because of systematic biases in the ways participants interact. The paper goes on to make evidence-based recommendations to reduce the vulnerability of IRB deliberations to the kinds of pathologies discussed and indicate directions for future research. (shrink)

Many of the problems that would be faced in setting up transnational institutions mirror problems that have already been addressed by appropriate institutional mechanisms in the establishment of the modern nation-state.

According to the principles derived from his theory of discourse ethics, Habermas's model of deliberative democracy is justified only if the public is capable of making political decisions that advance the common good. Recent public‐opinion research demonstrates that the public's overwhelming ignorance of politics precludes it from having such capabilities, even if radical measures were taken to thoroughly educate the public about politics or to increase the salience of politics in their lives.

: This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...) and (4) Alexy's case for the "Radbruch formula": that "extreme injustice is not law”. While rejecting both versions of the case for legal idealism, I argue that both schools offer vaulable, and broadly similar, insights into what makes a legal system morally legitimate. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

The idea of conducting “upstream public engagement,” using nanotechnology as a test case, has been subject to criticism for its lack of any link to the political system. Drawing on the theoretical tools provided by Habermas, this article seeks to explore such a “link”, focusing specifically on the capacity of civil society organizations to distil, raise and transmit societal concerns in an amplified form to the public spheres at the European Union level. Based on content analysis and semi-structured interviews with (...) relevant actors, this article examines the evolution of CSO approaches towards nanotechnology over the past decade and investigates whether and how upstream public engagement could contribute to more vibrant public spheres and facilitate the formation of communicative power. The answer to these questions is twofold: on the one hand, moving public engagement “upstream” enables CSOs to be better informed and to become part of the debates more quickly. A “green alliance” is taking shape, which calls for more stringent regulation on nanomaterials. On the other hand, upstream public engagement has turned out to be unsuccessful in generating substantial and sustained interest. A number of CSOs have quit this field in frustration at the tokenistic engagement and out of fatigue after the intense lobbying battle for Registration, Evaluation, Authorisation and Restriction of Chemicals. (shrink)

Social theory is developing in response to the coronavirus (COVID) crisis. Fundamental questions about social justice in the relationship of individuals to society are raised by Delanty in his review of political philosophy, including Agamben, Foucault and Žižek. However, the focus on the libertarian critique of authoritarianism is not enough. The social democratic critique of neoliberalism lies at the centre of the contesting responses to the COVID crisis. A social democratic perspective on public health, democracy and state action is contrasted (...) with the anti-statists of left and right. This is addressed in debates on the relationship between science and governance, the place of crisis in theories of change and the conceptualisation of alternative forms of social formation. The crisis initiated by the pandemic, cascading through society, from health to economy, to polity and into violence, includes a contestation between social democratic and neoliberal visions of alternative forms of society. (shrink)

This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...) favour of same-sex civil marriage for those citizens with moral qualms about same-sex relationships derived from their reasonable comprehensive doctrine. (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)