In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas (...) in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

The purpose of the article is to evaluate the ethical and political conclusions that Ulrich Beck draws from his account of ‘civilization risks’. I have argued that the categories of ‘life’, ‘the organic’, and the ‘technological’ which are presented in Risk Society, presuppose a certain metaphysics of ‘natural’ human identity; and that it is the inscription of this identity in the politics of risk administration which opens the possibility of an absolutely legitimized regulation of nature, humanity, and society. Thus, in (...) order to evaluate the ‘risk’ entailed in the ethical and political strictures of Beck's ‘world risk society’, I have had recourse to the expositions of time, presence, identity and technology which Derrida has given in Of Grammatology and Specters of Marx. It is through these expositions that I have tried to work through the idea of an ecological politics that would remain sensitive to the events of difference and alterity precipitated by its own ‘cosmopolitan’ interventions. (shrink)

This article argues that the Bakhtin Circle presents a more realistic theory of concrete dialogue than the theory of discourse elaborated by Habermas. The Bakhtin Circle places speech within the “concrete whole utterance” and by this phrase they mean that the study of everyday language should be analyzed through the mediations of historical social systems such as capitalism. These mediations are also characterized by a determinate set of contradictions—the capital-labor contradiction in capitalism, for example—that are reproduced in unique ways in (...) more concrete forms of life (the state, education, religion, culture, and so on). Utterances always dialectically refract these processes and as such are internal concrete moments, or concrete social forms, of them. Moreover, new and unrepeatable dialogic events arise in these concrete social forms in order to overcome and understand the constant dialectical flux of social life. But this theory of dialogue is different from that expounded by Habermas, who tends to explore speech acts by reproducing a dualism between repeatable and universal “abstract” discursive processes (commonly known as the ideal speech situation) and empirical uses of discourse. These critical points against Habermas are developed by focusing on six main areas: sentences and utterances; the lifeworld and background language; active versus passive understandings of language; validity claims; obligation and relevance in language; and dialectical universalism. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...) my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

This article proposes a way of connecting two levels at which scholars have studied discursive practices from a normative perspective: on the one hand, local transactions-face-to-face arguments or dialogues-and broadly dispersed public debates on the other. To help focus my analysis, I select two representatives of work at these two levels: the pragmadialectical model of critical discussion and Habermas's discourse theory of politicallegal deliberation. The two models confront complementary challenges that arise from gaps between their prescriptions and contexts of actual (...) discourse. In response, I propose a theory of argument cogency that distinguishes three kinds of merit: content, transactional, and public. Normative links between the two levels arise through the ways argument contents spread across multiple transactions in a social space whose structure and composition favor collective reasonableness. (shrink)

Socrates regards rational knowledge as the decisive factor of human life and even ascribes all virtues and moral actions to it, thereby stressing the ‘rationales’ of ethics. In contrast, Confucius regards kinship love as the decisive factor of human life and even grounds all virtues and moral actions on it, thereby stressing the ‘emotionales’ of ethics. Therefore, we should not lump them together by conceiving Confucius’ ethics also as based on ‘moral reason’.

The paper develops ethical guidelines for the development and usage of persuasive technologies (PT) that can be derived from applying discourse ethics to this type of technologies. The application of discourse ethics is of particular interest for PT, since ‘persuasion’ refers to an act of communication that might be interpreted as holding the middle between ‘manipulation’ and ‘convincing’. One can distinguish two elements of discourse ethics that prove fruitful when applied to PT: the analysis of the inherent normativity of acts (...) of communication (‘speech acts’) and the Habermasian distinction between ‘communicative’ and ‘strategic rationality’ and their broader societal interpretation. This essay investigates what consequences can be drawn if one applies these two elements of discourse ethics to PT. (shrink)

Confucius, Mencius, and Xunzi regard the human as an emotional being and especially consider such moral feelings as humane love, filial piety and devoted loyalty to be the constituent elements of humanity. On the one hand, they try to integrate the corresponding multiple roles of the humane person, filial son and loyal subject in harmony in order to make one become a true human in the ethical sense; on the other hand, they assign a supreme position merely to filial piety (...) or loyalty in cases of conflict because they regard one's parents or ruler as the greatest root of one's life, respectively. As a result, their ideas about humanity fall into some in-depth moral paradoxes, which might be resolved by a post-Confucian transformation of the traditional Confucian framework from particularistic consanguinism to universalistic humanism. (shrink)

In this paper I focus on the discussion between Rawls and Habermas on procedural justice. I use Rawls’s distinction between pure, perfect, and imperfect procedural justice to distinguish three possible readings of discourse ethics. Then I argue, against Habermas’s own recent claims, that only an interpretation of discourse ethics as imperfect procedural justice can make compatible its professed cognitivism with its proceduralism. Thus discourse ethics cannot be understood as a purely procedural account of the notion of justice. Finally I draw (...) the different consequences that follow from this reading. (shrink)

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

In the mid-1960s and 1970s the field of business ethics saw a basic shift in emphasis from personal responsibility to corporate responsibility. While the notion of corporate responsibility has come to be a dominant concept in the field of business ethics since that time, it is a contested concept that admits of a range of conceptions. A concern underlying this paper is that many of these conceptions are less adequate than they might be. This paper has two overlapping goals. First, (...) it seeks to elaborate a more adequate conception of corporate responsibility by drawing upon critical theory to distinguish three different normative realms (viz., legitimacy, morality and ethics). Second, the paper attempts to indicate from a critical theory perspective the nature of corporate responsibilities in each of these realms. The paper begins with a short introduction to German critical theory and an explanation of the different normative realms. The following three sections elaborate in turn the responsibilities of corporations in each on the three normative realms. Finally, the conclusion attempts to indicate some of the advantages of a critical theory conception of corporate responsibility. (shrink)

While it is generally agreed that companies need to manage their relationships with their stakeholders, the way in which they choose to do so varies considerably. In this paper, it is argued that when companies want to communicate with stakeholders about their CSR initiatives, they need to involve those stakeholders in a two-way communication process, defined as an ongoing iterative sense-giving and sense-making process. The paper also argues that companies need to communicate through carefully crafted and increasingly sophisticated processes. Three (...) CSR communication strategies are developed. Based on empirical illustrations and prior research, the authors argue that managers need to move from ‘informing’ and ‘responding’ to ‘involving’ stakeholders in CSR communication itself. They conclude that managers need to expand the role of stakeholders in corporate CSR communication processes if they want to improve their efforts to build legitimacy, a positive reputation and lasting stakeholder relationships. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (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 article, we develop a concept of stakeholder dialogue in responsible innovation (RI) processes. The problem with most concepts of communication is that they rely on ideals of openness, alignment and harmony, even while these ideals are rarely realized in practice. Based on the work of Burke, Habermas, Deetz and Levinas, we develop a concept of stakeholder dialogue that is able to deal with fundamentally different interests and value frames of actors involved in RI processes. We distinguish four main (...) characteristics of stakeholder dialogue. Dialogical responsiveness (1) enhances self-criticism, (2) is characterized by the constitution and the destruction of the self or identity of the actors involved, (3) consists only in the actual enactment of the dialogue and (4) is primarily responsive to the grand challenges of our time. Based on our findings, we provide a novel conceptualization of the central notion of responsiveness in the RI literature. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

The 'critical turn' in tourism studies is defined as a research perspective that explores social transfor- mation in and through tourism by facing the negative impact of strategic-instrumental rationality on this activity. This work explores the features of discourse ethics that may normatively support tourism transformation, a gap that has not been thoroughly discussed in tourism research. For this purpose, the study combines the use of critical and ethical theory with an analysis of discourse ethics in tourism literature to demonstrate (...) that the use of Habermasian discourse ethics needs to be complemented with the Apelian approach. Through these steps the work reveals the theoretical bases of discourse ethics to discuss whether understandings between stakeholders guided by strategic-instrumental rationality can be reached not only in the political sphere —Habermas—, but also in the ethical field —Apel. (shrink)

ABSTRACTCritical Discourse Studies positions itself as a critical, transformative practice that seeks to expose the ways in which discourse is able to constitute social, political, economic, gendered, racial, and sexual inequalities as normal and unremarkable. In this respect, CDS is an expressly political and therefore ethical project. Nevertheless, this article posits that, quite remarkably, the ethical frameworks that guide CDS have remained largely under-theorized and taken for granted. Accordingly, this paper seeks to contribute to this much-needed area of theoretical inquiry (...) by offering a brief discussion of how CDS has tended to define its own criticality and identifies three problems that emerge from how CDS practitioners have tended to formulate the praxis of critique: namely, the tendency to conceive of CDS as a demystificatory practice, the implicit logocentrism of modeling ethics upon the Habermasian Ideal Speech Situation, and finally, the deontological nature of discourse ethics. Each of the three problems is discussed in relation to a brief multimodal critical discourse analysis of three online employer profile videos. As such, the study is offered to demonstrate not only the analytical strength of multimodal analysis but also the political-ethical relations beyond Discourse Ethics that are immanent in such analyses. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

This chapter argues that the distinction between ambitious and modest transcendental arguments, developed and deployed by various authors in the wake of Stroud’s influential critique of transcendental reasoning, may be pointless when applied to transcendental arguments from performative inconsistency that have moral statements as their conclusions. If moral truth is assertorically constrained, then any modest moral transcendental argument from performative inconsistency can be converted into an ambitious moral transcendental argument. The chapter provides an account of performative inconsistency and suggests an (...) alternative to the widespread reading of transcendental conditionals in terms of an ‘if-then’-sentences whose antecedents express a proposition to the effect that some x is possible and whose consequents express a statement to the effect that some y is actual. (shrink)

In an earlier article I argued that individuals are obligated not to exceed their fair share of emissions entitlements, that many exceed their fair share at present and thus ought to reduce their emissions as far as can reasonably be demanded. The peer commentators raised various insightful and pressing concerns, but the following objections seem particularly important: It was argued that the fair share argument is insufficiently justified, that it is incoherent, that it would result in more far-reaching duties than (...) acknowledged by me, that it is unable to provide a clear account of individual duties, and that duties to reduce individual emissions are not Kantian imperfect duties. This reply aims at clarifying the fair share argument and at addressing the major challenges. (shrink)

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

By focusing on the reasoned debate in the discourse -ethical approach to business ethics, this paper discusses the possibilities and limitations of moral reasoning as well as applied economic and business ethics. Business ethics, it is contended, can be looked at from the standpoint of two criteria: justification and application. These criteria are used to compare three approaches: the Integrative Business Ethics, developed by Swiss philosopher Peter Ulrich, the Cultural Business Ethics of the Nuremberg School in German business ethics, and (...) the concept of “Good Conservation” by Frederick Bird. It is argued that discourse -ethical approaches can be called upon for justifying moral principles. Improving the chances of their application, however, necessitates a good understanding of lifeworlds and culturally developed institutional settings. Bearing this in mind, further research perspectives stressing a linkage between discourse -ethical and critical approaches in social sciences are suggested. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Abstract In this chapter, we challenge the presupposed concept of innovation in the responsible innovation literature. As a first step, we raise several questions with regard to the possibility of ‘responsible’ innovation and point at several difficulties which undermine the supposedly responsible character of innovation processes, based on an analysis of the input, throughput and output of innovation processes. It becomes clear that the practical applicability of the concept of responsible innovation is highly problematic and that a more thorough inquiry (...) of the concept is required. As a second step, we analyze the concept of innovation which is self-evidently presupposed in current literature on responsible innovation. It becomes clear that innovation is self-evidently seen as (1) technological innovation, (2) is primarily perceived from an economic perspective, (3) is inherently good and (4) presupposes a symmetry between moral agents and moral addressees. By challenging this narrow and uncritical concept of innovation, we contribute to a second round of theorizing about the concept and provide a research agenda for future research in order to enhance a less naïve concept of responsible innovation. (shrink)

Sociologists often ask why particular groups of people have the moral views that they do. I argue that sociology’s empirical research on morality relies, implicitly or explicitly, on unsophisticated and even obsolete ethical theories, and thus is based on inadequate conceptions of the ontology, epistemology, and semantics of morality. In this article I address the two main problems in the sociology of morality: (1) the problem of moral truth, and (2) the problem of value freedom. I identify two ideal–typical approaches. (...) While the Weberian paradigm rejects the concept of moral truth, the Durkheimian paradigm accepts it. By contrast, I argue that sociology should be metaphysically agnostic, yet in practice it should proceed as though there were no moral truths. The Weberians claim that the sociology of morality can and should be value free; the Durkheimians claim that it cannot and it should not. My argument is that, while it is true that factual statements presuppose value judgments, it does not follow that sociologists are moral philosophers in disguise. Finally, I contend that in order for sociology to improve its understanding of morality, better conceptual, epistemological, and methodological foundations are needed. (shrink)

Murray N. Rothbard and Hans-Hermann Hoppe build their libertarian theory of justice on two axioms concerning self-ownership and homesteading, which are bolstered by two key arguments: reductio ad absurdum and performative contradiction. Each of these arguments is designed to demonstrate that libertarianism is the only theory of justice that can be justified. If either of these arguments were valid, it would prove the libertarian claim that the state is an unjust political arrangement. Giving due weight to the importance of the (...) libertarian anarchist claim, this article exposes and criticizes the arguments that substantiate it. (shrink)

The following is an introduction to a roundtable panel of the American Political Science Association meeting (Normative Political Theory Division) held September 2, 1994, in New York City. I set out some main themes in the "care/justice debate," and suggest that the impasse between care proponents and liberal, neo-Kantian thinkers is perpetuated by caricatured construals of these theories; salient differences come into relief by addressing the ethical and political applications of these moral perspectives.

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into (...) existing institutions or to confront the so-called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so-called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests. (shrink)

According to an influential view, empathy has, and should have, a role in ethics, but it is by no means clear what is meant by 'empathy', and why exactly it is supposed to be morally good. Recently, Peter Goldie has challenged that view. He shows how problematic empathy is, and argues that taking an external perspective is morally superior: we should focus on the other, rather than ourselves. But this argument is misguided in several ways. If we consider conversation, there (...) is no need to see an opposition between a focus on the other and on ourselves. I propose to shift the perspective of the discussion towards the needs of those who are supposed to benefit from empathy, and to study how people communicate their imaginative processes towards their receivers. I end with an exploration of theoretical resources for an account of mutual perspective- shifting. (shrink)

A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...) public argumentation and be replaced by a norm of civic responsiveness towards minority claims. I not only suggest that a wider variety of reasons, motives and genres of speech needs to be admitted within the purview of public reason, but more fundamentally that generalizability cannot cogently be seen as anything more (or less) than a civic virtue. The underlying point of this article is that neo-Kantian theories of public reason work with a problematic conception of practical reason. I conclude by providing reasons, against some radical and agonistic democrats, why the language of public reasoning needs to be retained and renovated. Key Words: acknowledgement • agonistic democracy • deliberative democracy • generalizability • Habermas • pluralism • practical reason • public reason • Rawls • social integration. (shrink)

This paper sees Charles Taylor's moral discourse as a version of liberal communitarianism, an attempt to reconcile liberalism and communitarianism, by examining his three transcendental arguments: the liberal transcendence from the parochial to the universal; the communi tarian transcendence from the instinctual to the ontological; and the theistic transcendence from the good to God. While this liberal communi tarianism absorbs some great insights from both liberalism and communi tarianism and overcomes some of their respective weaknesses, it fails to avoid their (...) common dichotomy of the good and the right because Taylor's fundamentally communitarian commitment leads him to believe that there must be a universal ontological (religious or metaphysical) idea of the good as the foundation for any needed universal social and political idea of the right. (shrink)

Habermas and Apel commonly defend a form of universal moral theory that is also postmetaphysical. Still, they differ with respect to both the character and the justification of a universal moral principle. Habermas denies and Apel asserts that this principle is a transcendental condition of life practice or human activity as such, and each criticizes the claims of the other. This paper argues that each is correct in his criticism of the other and, therefore, both are wrong. The contention between (...) them cannot be resolved within the post metaphysical conviction they have in common, and the reasons for this conclusion imply that a universal moral principle cannot be redeemed independently of metaphysics. (shrink)

The issue of corporate responsibility has long been discussed in relationship to universities, but generally only in an ad hoc fashion. While the role of universities in teaching business ethics is one theme that has received significant and rather constant attention, other issues tend to be raised only sporadically. Moreover, when issues of corporate responsibility are raised, it is often done on the presumption of some understanding of a liberal arts mandate of the university, a position that has come under (...) much attack in recent years. The purpose of this article is to investigate more systematically the nature of the obligations that the university has to promote more responsible corporate behaviour. It does so on the basis of a reinterpretation of the liberal arts tradition from a critical theory perspective. This entails: (1) an initial conceptualization of the roles and functions of the university; (2) an examination of these functions at two formative periods of the liberal arts tradition, the medieval university and the rise of the modern university in Germany in the early 19th century; (3) an investigation of ruptures in the understanding and practices of the liberal arts tradition, resulting in large part from the rise of the bureaucratic state and the industrial capitalist economy; (4) a reinterpretation of the liberal arts tradition from a critical theory perspective; and (5) a systematic elaboration of the obligations of the university vis-à-vis corporations based upon the university's key functions of teaching, research, formation and professional development. (shrink)

Organizations in changing environments need to become flexible, responsive and participative. We develop an understanding of governance in these organizations by drawing analogies between organization theory and theories of non-linear dynamics. We identify freedom and creativity as driving principles in 'chaotic' participative organizations, and explore the ethics of their exercise within organizational communities of practice, communities of discernment and communities of commitment.

Prompted by recent comments on the moral authority of dialogic consensus, we argue that consensus, specifically dialogic consensus, possesses a unique form of moral authority. Given our multicultural era and its plurality of values, we contend that traditional ethical frameworks or principles derived from them cannot be viewed substantively. Both philosophers and clinicians prioritize the need for a decision to be morally justifiable, and also for the decision to be action-guiding. We argue that, especially against the background of our pluralistic (...) society, it is only via unforced dialogue and properly founded argumentation, aiming for consensus, that we can ascribe rightness or wrongness in a normative fashion to dilemmatic situations. We argue that both the process of dialogue, properly constituted, and the consensual outcome itself have moral authority vested within them. Finally, we argue that the consensual decision made is able to withstand moral scrutiny and is action-guiding, without claiming absolute moral authority in other contexts. (shrink)

Recent controversies concerning freedom of expression on university campuses have raised the question of how the limits of free speech can be determined in a justified way in a pluralistic public space such as the campus. The article addresses this question from the viewpoint of two complementary theoretical perspectives: Rainer Forst’s respect conception of toleration, and the discourse theory of democracy developed by Jürgen Habermas and Seyla Benhabib. These theories are argued to provide a non-arbitrary, impartial and procedural model for (...) determining the limits of free speech on campus. Deriving primarily from the discourse model, the article suggests that the limits of freedom of expression on campus should be determined by collective deliberative processes involving the affected students. Moreover, it is argued that, instead of prohibiting controversial topics or views, the university administration and teachers should focus on establishing procedural rules of rational deliberation. This is argued to increase students’ understanding of the nature of legitimate democratic discussion and thus accomplish the university’s educational task of fostering students’ ability to use their freedom of speech in a responsible way. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

Morals and politics depend on a metaphysical backing. All reality is marked by certain necessary features and a divine purpose inherent in all reality defines the good to which all human life should be directed. These are bold assertions in a climate where the credibility of metaphysics is widely denied. Indeed, for the past two centuries, Western philosophy has been marked by a consensus that questions about moral and political life should be considered separately from questions about ultimate reality. In (...) this challenging work, Franklin I. Gamwell defends metaphysical necessity against both modern and postmodern critiques. The metaphysics vindicated is not the traditional form both critiques typically have in view, however. Instead, Gamwell outlines a neoclassical project for which Alfred North Whitehead and Charles Hartshorne are the main philosophical resources. As it maintains the significance of theistic metaphysics, the book makes no appeal to religious authority but solely to common human experience, and on this basis articulates principles of human purpose and democratic justice. (shrink)

Contemporary Anglo-American political thought is witnessing a revival of theories of deliberative democracy. The principle of public argumentation, according to which the legitimation of a general norm is predicated upon a rational and open dialog among all those affected by this norm, constitutes their common underlying assumption. This assumption is itself grounded in the metatheoretical claim that arguing is the defining activity of a demos of free and equal members. Habermas' well-known formulation of communicative or discursive democracy represents one of (...) the earliest, most discussed, and indeed most emblematic versions of the existing models of deliberative democracy. It is here, I believe, that Castoriadis' political theory can prove exceptionally important as it provides a starting point and a solid ground for articulating one of the most incisive and convincing critiques of the limits and flaws of communicative democracy. Although Castoriadis himself never directly discussed deliberative democracy as such, we can try to approximate from various parts of his work what he might have thought about, especially when it comes to Habermas' model. (shrink)

In this article I argue that Jürgen Habermas’ notion of morality (moral norms) has more in common with Hegel’s notion of ‘ethical life’ as a ‘ sittlich ’ relation – understood as a socially integrative force – rather than Kant’s supreme principle of personal morality. I show that Habermas and Hegel, each in his own way, make a distinction between morality and ethics. However, I make the case that Habermas’ conception of ‘morality’ incorporates aspects of Hegel’s notion of ‘ethical life’, (...) while Habermas’ conception of ‘ethical’ – referring to individual and group conceptions of the good life – is a remedy to the shortcomings in Hegel’s overly unified ethical life. I offer an alternative reading of Habermas’ principle of morality, which I suggest should be read as his attempt to provide a binding process to set up the norms that ought to condition a modern political community understood as a civil association. (shrink)

In this essay, I address the question of whether the indisputable progress being made by the neurosciences poses a genuine threat to the language game of responsible agency. I begin by situating free will as an ineliminable component of our practices of attributing responsibility and holding one another accountable, illustrating this via a discussion of legal discourse regarding the attribution of responsibility for criminal acts. I then turn to the practical limits on agents' scientific self-objectivation, limits that turn out to (...) be mirrored philosophically in the conceptual problems that plague reductionist strategies. Having shown that free will is rooted in unavoidable performative presuppositions belonging to agents' participant perspective, I then take up the difficult issue of how to reconcile an epistemic dualism of participant and observer perspectives with the assumption of ontological monism. I critically review a range of proposed physicalist solutions, including non-reductionist and (standard) compatibilist approaches. An underlying problem with scientistic, physicalist approaches is the methodological fiction of an exclusive ?view from nowhere? which relies on the problematic move of disengaging the objectivating perspective of the scientific observer from the investigators' participant perspective of those engaged in scientific practice. Since there is no way of getting around the requisite complementarity of both the observer's encounter with the objective world and the participant's involvement in shared lifeworld practices, the remaining option is to take an epistemological turn. But even the recognition that science is ultimately constituted from within the lifeworld still leaves us with the question as to how the human mind can understand itself as the product of natural evolution. I conclude with some tentative suggestions as to how this difficult question might be addressed. (shrink)

'How should public debates be understood?' is the central question of this study. And it is answered by reconstructing a single public debate, namely the debate about the transgenic bull Herman. Herman the bull was created by Gene Pharming in 1989. An extra gene has been inserted in his genome as to induce the production of lactoferrin in the milk of his daughters. A debate started in the media about whether this should be allowed or not. This media debate has (...) lasted for nine years. In this study the debate is analysed and interpreted in order to make visible for others what has happened during this particular debate. It thus provides handles for disclosing other public debates and for better understanding public debates in general.Insight is provided in what has kept this debate going. This media debate, in which the public is involved as an audience, has needed a concrete cause (the case) to develop. This seems to be obvious, but in the Netherlands many debates are being organised without such a case. And one may witness that the media, and so the public, are hardly involved in these organised debates. But not only will a case be needed to induce a public debate. The urge of the debate has to be articulated as well. Virtually everybody can articulate problematic aspects of a case, but for a debate to have impact actors are needed that can provide continuity to the debate. In this particular debate this continuity has been provided by the Dierenbescherming (the Dutch Society for the Protection of Animals). But, this still is not enough. If the media are not interested, the public will not know what is going on. So, for a vivid public debate, a case is needed to make the debate urgent, an organisation has to provide continuity, and the media have to publish about it.With respect to the content of the debate two discussions can be distinguished: a) the general controversy that has evoked the debate and b) the discussion about several specific applications of this technology.ad a) The general controversy. Four general principles are usually mentioned as integrating of the many norms that regulate interpersonal conduct. Two of these are generally reckoned to be applicable to animals as well, to wit 'do not harm' and 'do good'. With respect to the other two principles ('respect for autonomy' and 'be just') people do not agree about whether they apply to animals as well. It is obvious that these last principles cannot be applied directly to animals, as animals are not capable of being autonomous in the sense humans are. This implies for many people that the principle of justice does not apply to animals as well. At least a transformation of these principles is required, but this will alter their content substantially. Respect for autonomy can be transformed into respect for intrinsic value and bodily integrity, and justice can be transformed into equal and fair treatment. The debaters can now be divided into two groups: people that do and people that do not recognise these altered principles as applicable to animals. People that do not recognise these principles will argue in terms of 'do the benefits outweigh the harms' and they will be in favour of a 'yes, if the relevant conditions are met' policy (e.g. Gene Pharming and the biomedical researchers). People that do recognise these principles will either be opponents of animal transgenesis (the Dierenbescherming and some other societal organisations) or will be in favour of a 'no, unless there are good reasons to do so' policy (e.g. the Minister of Agriculture, most animal experts and animal ethicists). They will stress the search for alternatives and will ask for sufficient reasons before they enter a discussion about harms and benefits.ad b) Applications and contexts. With respect to the specific case at hand, it turned out that people have been arguing from different values and standards. These values and standards were connected with different practices of animal keeping and using. This has resulted, dependent on the specific applications of the lactoferrin obtained, in a discussion about what kind of animal Herman the bull is. Will his lactating daughters produce milk in the context of dairy cattle farming? Will they be better protected against mastitis, a cattle disease, which would mean that Herman the bull is functioning in a veterinary context? Will they produce medicines like many laboratory animals do, which would refer to a biomedical context? Or will his daughters produce food for patients in a specialised food production context? It turned out that these contexts, which are called practices, imply different standards for the treatment of animals.Neither the standards of veterinary practice, nor the standards of cattle farming practice do allow for the production of transgenic cattle. As the production of specialised food was mainly considered from the point of view of ordinary milk production practice, the standards of this practice were applied and so the production of transgenic cattle was rejected. In the case of the production of medicine by way of transgenic cattle, the standards for dealing with this case have not become clear at the end of the debate. People did not considered the standards of the biomedical practice adequate nor the standards of the dairy farming practice. Both perspectives remain open. It even may be the case that animal transgenesis develops as a practice of its own or that animal transgenesis will only be judged from the point of view of general standards and values instead of from contextual standards.The process of debating has been subject of the debate as well. The debaters have criticised each others inputs and have reacted to critique with respect to their conduct. These critiques provide insight in the implicit rules of debating in public.Public debates are debates in front of the public as an audience. If people are debating in public, they will not in it for understanding and convincing each other. Their main objective will be to influence public opinion and to gain public support for their views. They will reason as lucid as possible. And this has consequences for the evaluation of the conduct of the debaters. This does not mean that there are no rules, but it does mean that there will be specific rules for these kind of discussions. So, people will be criticised if they go too far, that is to say if they violate the rules of decent reasoning.Debating in public is more than reasoning only. There are all kinds of theatrical elements as well, like suggestive photo's or posters, or telling stories about other debaters, or suggestive reasoning. Here too, rules of decent conduct can be reconstructed from the critiques on several of these theatrical elements that were uttered during the debate at hand.This study ends with a reply to the people that have criticised this debate in general. From their critiques it can be derived that these critics have raised too high (too idealistic) expectations of public debates. The fruitfulness and sense of a public debate should not be assessed on the basis of convergence of opinions or on the orientation at consent of the debaters, but on the quality and rationality of the reasoning of the debaters. One may witness that all debaters have developed their views and reasoning; they have listened to others and have reacted to these inputs by better articulating their own reasoning or by adapting their actions. It is evident that the participants have not always conducted according to the rules of decent debating. But, they have taken critique on their conduct seriously and have adapted their behaviour. (shrink)

This article examines two approaches to the analysis and critical assessment of scientific argumentation. The first approach employs the discourse theory that Jurgen Habermas has developed on the basis of his theory of communicative action and applied to the areas of politics and law. Using his analysis of law and democracy in his Between Facts and Norms as a kind of template, I sketch the main steps in a Habermasian discourse theory of science. Difficulties in his approach motivate my proposal (...) of an alternative approach that starts not with a theory of communicative action but with some broad categories drawn from argumentation theory. Using these categories, one can survey the various conceptions of scientific argumentation that have already emerged in the multi-disciplinary field of science studies. The more flexible, open-ended theoretic categories put one in a better position to'develop cooperative interdisciplinary studies that can inform the critical assessment of scientific argumentation. (shrink)