This article explores the interface between public deliberation and interest politics. It empirically examines how and when actors with vested interests support and oppose processes of direct citizen deliberation, such as citizens’ juries. An analysis of four cases finds that interest groups and activists respond to citizen deliberation in a variety of ways from cooperative engagement to disruptive disengagement. The research suggests that partisan actors are most likely to support citizens’ forums when the ideational and political context offers instrumental reasons (...) to go public. The article explores what this strategic approach to public deliberation implies for the practice and theory of deliberative democracy. (shrink)

Cosmopolitanism is concerned to disclose the ethical, cultural and legal basis of political order in a world where political communities and states matter, but not only and exclusively. In circumstances where the trajectories of each and every country are tightly entwined, the partiality, one sidedness and limitedness of ‘reasons of state’ need to be recognized. While states are hugely important vehicles to aid the delivery of effective public recognition, equal liberty and social justice, they should not be thought of as (...) ontologically privileged. They can be judged by how far they deliver these public goods and how far they fail; for the history of states is marked, of course, not just by phases of bad leadership and corruption but also by the most brutal episodes. A cosmopolitanism relevant to our global age must take this as a starting point, and build an ethically sound and politically robust conception of the proper basis of political community, and of the relations among communities. (shrink)

This article argues that democratic deepening is shaped by shifting civil society-state relations that can only be understood by disaggregating democratic deepening into its component parts of participation, representation, and stateness. This frame is used to explore the divergent democratic trajectories of Brazil, India, and South Africa. Through the examples of local government transformation and social movement mobilization, I argue that a “project” civil society in Brazil has deepened democracy and transformed the state. In contrast, in South Africa and India (...) civil society is increasingly being subordinated to political society. In South Africa, an active civil society has largely been sidelined as a politically consequential actor (containerization) and in India much of civil society has been fragmented and instrumentalized (involution). (shrink)

Este ensayo comienza invitándonos a reflexionar sobre el 11 de septiembre en el contexto de otras tragedias y situaciones conflictivas y a situar los acontecimientos en un marco histórico y de valoración más amplio si queremos encontrar una forma satisfactoria de dar sentido al 11 de septiembre, y a las distintas respuestas a éste. El autor propone una concepción cosmopolita del orden mundial que afirma el status moral irreducible de todas y cada una de las personas y, paralelamente, rechaza la (...) visión de los particularismos morales que derivan de la pertenencia a una comunidad determinada y que limitan y determinan el valor moral de los individuos y su capacidad para la libertad. Y nos recuerda que estos principios cosmopolitas cristalizaron en importantes avances jurídicos y políticos después de la Segunda Guerra Mundial. La respuesta al 11 de Septiembre podía haber seguido los pasos de estos logros fortaleciendo nuestras instituciones multilaterales y los acuerdos jurídicos internacionales. Pero la estrecha agenda de seguridad que se puso en marcha como “Guerra contra el Terror”, nos apartó aún más de estos logros frágiles y nos llevó hacia un mundo de divisiones y antagonismos adicionales. Finalmente, se proponen como enfoque alternativo, las líneas fundamentales de una agenda de seguridad cosmopolita. (shrink)

This article develops an integrative perspective on corporate responsibility by synthesising competing perspectives on the responsibility of the corporation at the organisational and societal levels of analysis. We review three major corporate responsibility perspectives, which we refer to as economic, critical, and politico-ethical. We analyse the major potential uses and pitfalls of the perspectives, and integrate the debate on these two levels. Our synthesis concludes that when a society has a robust division of moral labour in place, the responsibility of (...) a corporation may be economic without jeopardising democracy and sustainability. Moreover, the economic role of corporations neither signifies the absence of deliberative democratic mechanisms nor business practices extending beyond compliance. The study underscores the value of integrating different perspectives and multiple levels of analysis to present comprehensive descriptions and prescriptions of the responsibility phenomenon. (shrink)

This article examines the role of class divisions in critical social theory through Habermas’ theory of law and democracy. It begins with Hegel’s view that social freedom involves reconciliation with the modern division of labor, which in turn requires membership in ‘estates’, and his thoughts on their role in the state. While subsequent Left Hegelian thinkers reject these institutions as authoritarian, the melancholic tenor of much Frankfurt School social theory stems partly from their view that class divisions are not only (...) entrenched, but also ‘latent’ and therefore not amenable to reconciliation through the political process that Hegel envisions. Habermas’ conception of ‘interchange roles’ between the system and the lifeworld as sites of reification, but potentially of democratic contestation, synthesizes these lines of thought, by conceptualizing how the political mediation of class-based interests can be an ongoing possibility amidst a condition of latent class conflict. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)

Minorities comprise a tiny fraction of media owners, and continued media consolidation exacerbates existing disparities. This article examines this problem by integrating the work of Jurgen Habermas and Jacques Ellul. These theorists identify a common concern—described alternately as technicization and colonization—involving homogenization of content, loss of localism, and decreased ownership diversity. In different ways, each acknowledges the possibility that social action can make a difference. Habermas' discourse ethics provides a normative foundation for arguing on behalf of ownership diversity and policy (...) reform. Though Ellul is skeptical of institutional reform, he offers a complementary vision of concrete action on the part of local, independent community groups. While their solutions are different, we argue that both are necessary. Media reform efforts must incorporate both Habermasian and Ellulian approaches by supplementing federal regulatory reform with independent grassroots activism. A combination of such efforts is essential to the movement's success. (shrink)

In this article we, the authors, outline the thematic concerns of our special issue of the Journal of Global Ethics . We argue for a need to engage with notions of violence from an interdisciplinary and transformative perspective. The theoretical framework that provides such a perspective is critical theory, broadly construed. Critical theory has always been concerned with the relation between practice and theory, as well as notions of violence. It is therefore surprising to note that in the current critical (...) theoretical debates a sustained engagement with the theme of violence has largely been sidelined. We argue that critical theory is not only fruitful for the study of conflict and violence, but also that such practical issues can shed and help further develop critical theory itself. (shrink)

The failure to reconcile views of the past and to address historical injustice has damaged inter-state relations in Northeast Asia. Joint committees, dialogues and the participation of civil society have been used to address historical issues, but scholars in the disciplines of international relations and area studies have largely ignored these dialogues and deliberative forums. At the same time, there is an emergent theoretical literature on how deliberative democracy can address ethnic conflicts and historical injustice. There is a serious disconnect (...) or distance between the theoretical literature on the resolution of conflicts via deliberation on the one hand, and empirical studies of deliberative approach in East Asia on the other. This article aims to address this shortcoming in the study of the politics of historical dispute in Northeast Asia by proposing a deliberative approach to history disputes and highlighting the achievements, limits and dynamics of deliberation. Through mapping and comparative testing, we confirm that deliberation offers some potential for a departure from nationalist mentalities and a shift towards a consciousness of regional history in Northeast Asia. Our empirical test of the utility of the deliberative approach suggests that a new model for addressing regional disputes may be emerging.
. (shrink)

there seems to be some kind of asymmetry, at least in some cases, between moral testimony and non-moral testimony, between aesthetic testimony and non-aesthetic testimony, and between religious testimony and non-religious testimony. In these domains, at least in some cases, we object to deference, and for this reason expect people to form their beliefs on non-testimonial grounds, in a way that we do not object to deference in paradigm cases of testimonial knowledge. Our philosophical puzzle is therefore: what explains these (...) (apparent) asymmetries (or are they merely apparent)? My aim here is to criticize three accounts of these testimonial asymmetries and to suggest an alternative strategy for solving our puzzle. I’ll consider the idea that testimony cannot be a source of understanding (§2), the idea that testimony cannot be a source of acquaintance (§3), and the idea that testimonial belief is not conducive to moral virtue (§4). These accounts all explain the badness of testimonial belief, in the relevant cases, by appeal to its consequences for the believer—respectively, a lack of understanding, acquaintance, or moral virtue. I’ll conclude by suggesting a way forward (§5): we should try to understand the badness of testimonial belief, in the relevant cases, as deriving from its consequences for the believer’s society. (shrink)

We often prefer non-deferential belief to deferential belief. In the last twenty years, epistemology has seen a surge of sympathetic interest in testimony as a source of knowledge. We are urged to abandon ‘epistemic individualism’ and the ideal of the ‘autonomous knower’ in favour of ‘social epistemology’. In this connection, you might think that a preference for non-deferential belief is a manifestation of vicious individualism, egotism, or egoism. I shall call this the selfishness challenge to preferring non-deferential belief. The aim (...) of this paper is to meet the selfishness challenge by arguing that non-deferential belief is socially valuable. (shrink)

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 local forums across time and (...) space. (shrink)

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)

Although often cast by realists as an exemplar of moralist or rationalist thinking, Jürgen Habermas and certain commentators on his work reject this characterisation, highlighting elements of his thought that conflict with it. This article will examine dimensions of Habermas’s work that relate to many realist concerns in political theory. I argue that while he escapes the commonplace caricature of an abstract thinker who is inattentive to real world affairs, Habermas’s claims in relation to communication, historical and empirical context, and (...) the development of rights in history, reveal a narrow consideration of what defines context and a progressivist narrative of history that fails to address seemingly outdated beliefs and political forces. An analysis of these issues can serve to inform understandings of these topics in realist thought and in political theory more broadly. (shrink)

Genomic research is an expanding and subversive field, leaking into various others, from environmental protection to food production to healthcare delivery, and in doing so, it is reshaping our relationship with them. The international community has issued various declaratory instruments aimed at the human genome and genomic research. These soft law instruments stress the special nature of genomics and our genetic heritage, and attempt to set limits on our activities with respect to same, as informed by the human rights paradigm. (...) This paper examines the primary thrust and, more importantly, the joint value position of the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, concluding that, though important legal instruments from the human rights paradigm, these instruments, or rather the values contained therein, must find a more influential hard law voice and a broader policy environment. (shrink)

Genomic research is an expanding and subversive field, leaking into various others, from environmental protection to food production to healthcare delivery, and in doing so, it is reshaping our relationship with them. The international community has issued various declaratory instruments aimed at the human genome and genomic research. These soft law instruments stress the special nature of genomics and our genetic heritage, and attempt to set limits on our activities with respect to same, as informed by the human rights paradigm. (...) This paper examines the primary thrust and, more importantly, the joint value position of the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, concluding that, though important legal instruments from the human rights paradigm, these instruments, or rather the values contained therein, must find a more influential hard law voice and a broader policy environment. (shrink)

This article argues that the quantitative and quasi-experimental approach to evaluating public participation exercises is deficient in at least two respects. First, casting participants in instrumental terms excludes that participants have an experience and that this may be dramatic and emotional. If people are to be invited, even obliged, to participate, then this experience should be considered in event evaluation. Second, current evaluation frameworks tend not to be sensitive to what actually happened in terms of the actions of participants and (...) how these influenced the proceedings and outcome, thus ignoring that such events are fora where positions, values, decisions, and so forth are constructed and constrained rather than simply reported. This article considers the possible contribution of dramaturgical, discourse and conversation analytic, and ethnographic and phenomenological approaches to evaluating participation exercises and illustrates their potential with data gathered during the U.K. “GM Nation?” public debate. (shrink)

This paper attempts to explain why and how the middle class in Korea decisively joined the democratic movement in 1987 by drawing special attention to the role played by the “middling grassroots” (MG). MG was formed out of the common experience of student activism and contesting subcultures, which were widely dispersed over Korean university campuses during the 1980s. In addition, this paper examines the contrasting views on the Korean democratic transition by Bruce Cumings and Adam Przeworski. This substantive analysis attempts (...) to show how such discord can be resolved by working out a mediating variable between action and social structure. It is suggested that the concept of MG is a good example of such a mediating variable. (shrink)

There are certain ethical norms that seem to be influencing our choices, both in landscape evaluations and in other sections of society. The paper will give a brief discussion of different ethical theories and give examples of how these theories are found in practical solutions in dealing with landscape in planning and conservation. Ethics are fundamental parts of what we call culture, and refer first and foremost to human action in what a given society takes to be good and evil (...) in normal circumstances. It also refers to the adequacy of ascription of value. There is no theoretical truth in ethical norms, only agreed principles of how "it ought to be". As foundations for our decisions, there are different basic principles referring to the relations between humans and nature. (shrink)

The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has the effect of highlighting some of the immense deficits in ensuring that violations are treated under judicial procedure and the protection of human rights is available and accessible for victims. The author inevitably (...) came into a conclusion that the openness of legal and political arenas for human rights discourses is not followed with a tangible impact on the entitlement positions of the people. The problems of the weak institutions and the unenthusiastic enforcement show that, in Indonesia, human rights are formally adopted as a political strategy to avoid substantial implementation. (shrink)

Recent events have only reinforced the fact that the value of freedom occupies a pre-eminent, but also paradoxical, role in modern societies. Nowhere have the ambiguities and ambivalences of this leading concept been more fully explored than in recent analyses by György Márkus and Axel Honneth. The following paper brings these two theorists together, examining Márkus’s claims for the perplexity that overtakes an investigation of modern freedom against the background of Honneth’s most recent magnum opus. This contrast will provide mutual (...) illumination, allowing us to appreciate both the commonalities and differences in approach and conclusion, but also allowing us to critically contest some of Márkus’s most startling conclusions. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more adequate, since it (...) can accommodate cases which the strong version cannot, and which it is unreasonable to view as cases of compromise. Discourse theory needs a weaker general discourse principle and a more flexible notion of normative consensus than is found in Habermas's Between Facts and Norms. (shrink)

If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

In this paper we seek to uncover and analyse unitarist ideology within the field of HRM, with particular emphasis on the manner in which what we call ‘new unitarism’ is ideologically performative in HRM scholarship. Originally conceived of as a way of understanding employer ideology with regard to the employment relationship, unitarist frames of reference conceive a workplace that is characterised by shared interests and a single source of authority. This frame has continuously evolved and persistently formed thinking about HRM; (...) however, this influence has been largely covert and unexamined. Using an epistemic analysis informed by theories of knowledge, we examine new unitarism against three types of validity claims—descriptive, normative, and instrumental—in order to understand how it has been ideologically constitutive of HRM scholarship. We consider the implications of this analysis for HRM research and practice and contend that an alternative frame, namely ‘new pluralism’, has potential to offer a more valid account of the employment relationship, to provide a framework for assessing how power affects the pursuit of employee interests, and to allow space for taking up deeply ethical questions related to employment. (shrink)

In recent decades, deliberation about public issues has become a central theme in citizenship education. In line with an increasing philosophical and political appreciation of the importance of deliberation within democracy, schools, as training grounds for democratic citizenship, should foster high-level deliberative skills. However, when this insight is translated into practical formats, these formats suffer from a number of shortcomings. Specifically, they can be criticised on philosophical grounds for advantaging select societal groups, and on empirical grounds for facilitating groupthink mechanisms. (...) This paper aims to address these shortcomings by suggesting a role for debating techniques within deliberative education. Because debating stimulates the contestation of diverse opinions, it may counteract the silencing of minority viewpoints and the proliferation of groupthink. At the same time, debating-based formats must be closely regulated in order to not imperil compromise formation. A concrete format is presented that balances these considerations and may therefore contribute to more effective deliberation in the classroom. (shrink)

Claims for improving migrants’ access to care often draw on universalistic ethical notions, such as the principle of equity as it is specified in human rights law and public health ethics. These claims contrast with political realities across most welfare states. In the underlying public discourses, the frontline arguments against greater inclusion have often focused on practical concerns, such as the costs of healthcare provision. Yet it has also been suggested that ultimately context‐specific moral frameworks play a key role in (...) demarcating legitimate right‐holders from undeserving others. Hence, is this a conflict between ethical principles and practical concerns? Or between different ethical perspectives? And why would that question matter? We propose that awareness of the nature of the arguments involved and respect for different ethical views are critical for coherent and constructive debates. This paper looks at the ways in which ethical concepts are used to justify exclusionary policy decisions. In particular, it examines the rationales that inform health policies towards documented and undocumented labor migrants in two welfare states, Germany and Israel, through the qualitative analysis of policy documents and 71 in‐depth interviews. The study points to the central role of particular concepts of health‐related deservingness. These results lead to the proposition that the fundamental clash in the discussion on migrants’ access to care is one, albeit not solely, between contrasting ethical perspectives. Drawing on process‐oriented approaches to ethical decision‐making, the paper concludes with three suggestions for moving forward with the migrant health rights debate. (shrink)

This paper proposes a Wittgenstein-inspired critique of the prism of translation that frames the recent literature about the debate between Rawls and Habermas on the role of religious reasons in the public sphere. This debate originates with the introduction of Rawls’s proviso in his conception of the public use of reason, 765-807, 1997), which consists in the “translation” of religious reasons into secular ones, which he thinks is necessary in order for religious reasons to be legitimate in the public sphere. (...) Even though Wittgenstein is not himself concerned with religious pluralism as a political issue, there are numerous scholars who have discussed the political implications of his remarks, 691–715, 2007; Moore Philosophy and Social Criticism, 36, 1113-1136 2010; Pohlhaus and Wright Political Theory, 30, 800–27, 2002). The thesis of this paper is that the interpretation proposed by Cora Diamond in regards to ethical and religious questions turns out to be a suitable way out of the “translation requirement”. According to this solution, if there is to be an understanding between secular and religious citizens on the basis of religious reasons, it should not rely on a “translation” but rather on mutual self-representation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric, Reflection, and Emancipation: Farrell and Habermas on the Critical Studies of CommunicationG. Thomas GoodnightThere are moments in history that appear to be alive with emancipatory possibilities. Such were the years moving toward the end of the long twentieth century. In spring 1989, students protested the communist regime in China; the Tiananmen Square massacre initiated an episode of opposition and commenced China’s modern journey toward global reengagement. Revolutions in (...) Europe that autumn were more peaceful. On August 23 two million Estonian, Latvian, and Lithuanian citizens held hands and announced the Baltic Way as a departure from Soviet rule. Transitions rapidly followed in Hungary, Bulgaria, and East Germany, culminating in the Velvet Revolution where on November 17 student protests were beaten back by police in Prague only to be followed three days later by an assembly of 200,000 demanding the transfer of power from the Communist Party. On December 3, George Bush and Mikhail Gorbachev jointly announced an imminent end to the fifty-year-old Cold War. During this time of hopeful transition, two scholars were at work refiguring the philosophical mission of the Frankfurt school, transforming critique from its early totalizing posture into the critical study of communication.Thomas B. Farrell and Jürgen Habermas were trained in different traditions but adjacent disciplines, communication and sociology. Their works [End Page 421] share a commitment to philosophical inquiry directed toward critique and understanding the cultural, social, and linguistic constitution of communication. As a rhetorician and as a philosopher, these scholars share an evident passion for scholarly argument and for engagement with the controversies of public culture. In different ways, both were at work during the portentous years of transition from the Cold War to new democracies and incipient globalization. Each constructed a guarded program of hope in the possibilities of communicative reflection and reasoning. In the post-World War II era, such a broad, positive vision took long to develop. After the brutal realities of the Holocaust became publicly known in the late 1940s, “the generous faith in rationality and the possibilities of human progress which underlay much of earlier historical thought seems discredited today” (Katznelson 2003, 2). The Enlightenment possibilities for reason had been invested in the technical efficiency of modern institutions that produced the capacity to kill systematically without constraints. Ira Katznelson points to a generation of scholars—including individuals at Chicago, Columbia, the New School, and others—who began in the 1950s to engage in a project that would “shade the Enlightenment’s philosophical anthropology, thicken its defenses against evil, deepen its capacity to reason, and restore” an Enlightenment more critical and less susceptible to co-optation by the excesses of nationalism, ideology, and evil (2003, 2). The work of Farrell and Habermas belongs to the extended post-Holocaust moment, where the possibilities of reflective reason in ethical and moral deliberations were set carefully on a road to personal and collective emancipation.Max Horkheimer saw in the modern, postwar welfare state little reason for optimism. Writing in 1946 at the beginning of the Cold War, he concluded: “Language has been reduced to just another tool in the gigantic apparatus of production in modern society” (1974, 22). “Salestalk” by “the surrogates of culture” creates an “illusory triumph of democratic progress that consumes the intellectual substance on which democracy has lived” (Horkheimer 1974, 31). Scientifically engineered propaganda renders public opinion as “a substitute for reason.” With such tools, the forces of barbarism are always waiting in the wings to seize power. Early on, Habermas shared these views. His thesis, in The Structural Transformation of the Public Sphere (1989a), tracks the opening possibilities of communicative reasoning in the liminal spaces of eighteenth-century coffeehouses where frank talk replaced hierarchically driven politeness, the development of these talks into the practices of deliberative democracy, and the decline of deliberative democracy with the union of the state and mass media in producing spectacles in [End Page 422] support of rituals of legitimation. Habermas broke with Horkheimer over the dissertation, however. A thesis of decline, by itself, leaves open only the route of totalizing critique. While never far from critique of institutional practices, Habermas spent his career in opening a positive... (shrink)

A critical theory of controversy would require the integration ofthe normative study of argumentation with critical studies of practices. Jiirgen Habermas has made a substantial contribution to such a project by embedding argumentation in a theory of communication, while critically engaging academic and public debates. This essay explicates core concepts in Habermas's theory of argumentation, including his distinction between theory and practice, the different validity requirements for argumentation in general, the norms of moral and ethical-political argumentation and of bargaining. Argument (...) predicaments are posited as ways to discover and assess different types of validity claims competing as "the force ofthe better argument". Habermas's criticism of "administrative power" and "communicative power" illustrates a potential yield of critical inquiry into social controversy. (shrink)

Every time another corporate scandal captures media headlines, the ‘bad apple vs. bad barrel’ discussion starts anew. Yet this debate overlooks the influence of the broader societal context on organizational behavior. In this article, we argue that misbehaviors of organizations (the ‘barrels’) and their members (the ‘apples’) cannot be addressed properly without a clear understanding of their broader context (the ‘larder’). Whereas previously, a strong societal framework dampened the practical application of the Homo economicus concept (business actors as perfectly rational (...) and egocentric utility-maximizing agents without any moral concern), specialization, individualization and globalization led to a business world disembedded from broader societal norms. This emancipated business world promotes a literal interpretation of Homo economicus among business organizations and their members. Consequently, we argue that the first step toward ‘healthier’ apples and barrels is to sanitize the larder, that is, adapt the framework in which organizations and their members evolve. (shrink)

Every time another corporate scandal captures media headlines, the ‘bad apple vs. bad barrel’ discussion starts anew. Yet this debate overlooks the influence of the broader societal context on organizational behavior. In this article, we argue that misbehaviors of organizations (the ‘barrels’) and their members (the ‘apples’) cannot be addressed properly without a clear understanding of their broader context (the ‘larder’). Whereas previously, a strong societal framework dampened the practical application of the Homo economicus concept (business actors as perfectly rational (...) and egocentric utility‐maximizing agents without any moral concern), specialization, individualization and globalization led to a business world disembedded from broader societal norms. This emancipated business world promotes a literal interpretation of Homo economicus among business organizations and their members. Consequently, we argue that the first step toward ‘healthier’ apples and barrels is to sanitize the larder, that is, adapt the framework in which organizations and their members evolve. (shrink)

Traditionally, liberals have confined religion to the sphere of the ‘private’ or ‘non-political’. However, recent debates over the place of religious symbols in public spaces, state financing of faith schools, and tax relief for religious organisations suggest that this distinction is not particularly useful in easing the tension between liberal commitments to equality on the one hand, and freedom of religion on the other. This article deals with one aspect of this debate, which concerns whether members of religious communities should (...) receive exemptions from regulations that place a distinctively heavy burden on them. Drawing on Habermas’ understanding of churches as ‘communities of interpretation’, we explore possible alternatives to both the ‘rule-and-exemption’ approach and the ‘neutralist’ approach. Our proposal rests on the idea of mutual learning between secular and religious perspectives. On this interpretation, what is required is (i) the generation and maintenance of public spaces in which there could be discussion and dialogue about particular cases, and (ii) evaluation of whether the basic conditions of moral discourse are present in these spaces. Thus deliberation becomes a touchstone for the building of a shared democratic ethos. (shrink)

The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...) to non-political rights, such as reproductive, environmental, or privacy rights. The democratic status of the former is process-independent. The latter, by contrast, are democratic precisely when they are adopted by democratic means. (shrink)

The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...) to the electoral process that is supposed to tackle disagreement or, even worse, they are downplaying the entrenching effect of ordinary political processes by ignoring the redemptive properties of constituent power. In both cases, their claims undermine the political dimension of constitutionalism. (shrink)

Knowledge and human liberation are epochal challenges and a key question here is what the meaning of knowledge and the meaning of human liberation are. This article argues that knowledge means not only knowledge of self, society and nature as conceived within the predominant dualistic logic of modernity but also knowledge of transcendental self beyond sociological role playing, knowledge of nature beyond anthropocentric reduction and control, and knowledge of cosmos, God and transcendence in an interconnected spirit of autonomy and interpenetration. (...) Liberation means not only liberation from oppressive structures but also liberation from one’s ego and the will to control and dominate. The article discusses the transformative link between knowledge and liberation through a critical dialogue with Jürgen Habermas and Sri Aurobindo, focusing mainly on their works, Knowledge and Human Interests and Synthesis of Yoga. The article does not simply compare and contrast Habermas and Sri Aurobindo or compare and contrast the so-called Western rationality and Eastern spirituality but seeks to create a condition for transformative criticism for both. (shrink)

The internet could be an efficient political instrument if it were seen as part of a democracy where free and open discourse within a vital public sphere plays a decisive role. The model of deliberative democracy, as developed by Jürgen Habermas and Seyla Benhabib, serves this concept of democracy best. The paper explores first the model of deliberative democracy as a ‘two-track model’ in which representative democracy is backed by the public sphere and a developing civil society. Secondly, it outlines (...) the normative concept of the public sphere and its basic ideas, namely the uncoerced communication of equal participants with equal access and equal rights to intervene or propose themes. The third part for discussion shows how the internet could fit into this concept of public sphere and influence the quality of political debates, and emphasizes the important role it can play in the political process. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in (...) the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

This article explains problems and opportunities created by standardized ethics initiatives (e.g., the UN Global Compact, the Global Reporting Initiative, and SA 8000) from the perspective of stakeholder theory. First, we outline differences and commonalities among currently existing initiatives and thus generate a common ground for our discussion. Second, based on these remarks, we critically evaluate standardized ethics initiatives by drawing on descriptive, instrumental, and normative stakeholder theory. In doing so, we explain why these standards are helpful tools when it (...) comes to ‘managing’ stakeholder relations but also face considerable limitations that can eventually hamper their successful expansion. We suspect that this discussion is necessary to conduct meaningful empirical research in the future and also to provide managers with a more clear-cut picture about a successful application of such initiatives. Third, we outline possible ways to cope with the identified problems and thus demonstrate how standard-setting institutions can improve the initiatives they offer. (shrink)

We critically assess integrative social contracts theory (ISCT) and show that the concept particularly lacks of moral justification of substantive hypernorms. By drawing on Habermasian philosophy, in particular discourse ethics and its recent application in the theory of deliberative democracy , we further advance ISCT and show that social contracting in business ethics requires a well-justified procedural rather than a substantive focus for managing stakeholder relations. We also replace the monological concept of hypothetical thought experiments in ISCT by a concept (...) of practical discourse to better govern business activities on the macro-level of organizational actors such as firms, governments, and NGOs. (shrink)

The paper shows why and how an empirical study of fast-and-frugal heuristics can provide norms of good reasoning, and thus how (and how far) rationality can be naturalized. We explain the heuristics that humans often rely on in solving problems, for example, choosing investment strategies or apartments, placing bets in sports, or making library searches. We then show that heuristics can lead to judgments that are as accurate as or even more accurate than strategies that use more information and computation, (...) including optimization methods. A standard way to defend the use of heuristics is by reference to accuracy-effort trade-offs. We take a different route, emphasizing ecological rationality (the relationship between cognitive heuristics and environment), and argue that in uncertain environments, more information and computation are not always better (the “less-can-be-more” doctrine). The resulting naturalism about rationality is thus normative because it not only describes what heuristics people use, but also in which specific environments one should rely on a heuristic in order to make better inferences. While we desist from claiming that the scope of ecological rationality is unlimited, we think it is of wide practical use. (shrink)

The deliberative model of democracy, as presented by Jürgen Habermas and others, claims to reconstruct the normative content of the idea of democracy. However, since it overemphasises the epistemic facet of decision‐making, the model is unable to take into account other valuable aspects of democracy. This is shown in reference to two concrete phenomena from political reality: majority voting and the problem of the dissenter. In each case, the deliberative model inevitably fails to account for several normatively desirable features of (...) democracy, such as formal political equality and proper respect for the judgement of each citizen. (shrink)

This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.