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)

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)

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)

BackgroundGiven that advances in research continuously raise new ethical issues, a multidisciplinary working group of investigators involved in biomedical research has gathered to discuss and compare ethical viewpoints in their daily practice.MethodsThe working group has drafted a Charter for Ethics in Biomedical Research that encompasses all the steps in the research process, i.e. from the initial idea to analysis and publication of the results.ResultsBased on key principles for ethically responsible research, the Charter may serve as a tool for performing research, (...) discussing research issues and training researchers.ConclusionsThe Charter should stimulate researchers to think about their responsibility for research in a progressive, caring society. (shrink)

This paper explores the general characteristics of the aesthetics of life. Our approach will be in thinking about the aesthetics of life as a domain independent from the realms of ethics and morality. This thesis discusses some of the theoretical debates around those concepts. The notion of ‘pleasure’ in those practices will be discussed as the one that gives shape to ‘the art of life’. Pleasure also makes it possible for a person to perform these practices for a long period (...) of time; what we call the ‘life-long character of the aestheticization of life’.However, this effort endeavors to demonstrate another central theme of this style of life; the individual/social character of those practices is the one that exemplifies ‘the art of life’. Thinking simultaneously about ‘oneself’ and the ‘other’ is the main concept that helps us the most to appreciate these practices. These debates are elaborated further in some case studies that have been researched between 2016 and 2019. These are real examples of peoples’ lived experiences who, in different ways, try to give meaning to their lives by turning their existence into a work of art. (shrink)

One of the central critiques of the bourgeois conception of public holds that, in its implicit claim to universality, it fails to account for the material particularities of social groups and for the variety of possible rationalities. Some theorists have aimed to solve this problem by describing particular publics and particular rationalities based on racial, ethnic, gender, or political identities. While particularist public models represent difference in protest of the totalizing and counterfactual valence of a bourgeois conceptualization of public, they (...) fail to acknowledge that glossing difference is fundamental to the function of and the authorizing power of public, as it is marshalled by speakers. By analogizing Perelman and Olbrechts-Tyteca's universal audience with public, this paper (a) introduces the public metonym, a rhetorically productive counterfactual totality that glosses the material particularities of social groups, (b) critiques the particularist approach to the paradox of public, (c) introduces the resistance metonym as a rhetorically-minded alternative, and (d) clarifies distinctions among projects that claim to address a common object called pUblic. (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.

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)

This paper applies Wempe’s (2005, Business Ethics Quarterly 15(1), 113–135) boundary conditions that define the external and internal logics for contractarian business ethics theory, as a system of argumentation for evaluating current or prospective institutional arrangements for arriving at the “good life,” based on the principles and practices of social justice. It does so by showing that a more dynamic, process-oriented, and pluralist ‘dialogic twist’ to Donaldson and Dunfee’s (2003, ‘Social Contracts: sic et non’, in P. Heugens, H. van Oosterhout (...) and J. Vromen (eds.), The Social Institutions of Capitalism: Evolution and Design of Social Contracts (Cheltenham, UK, Edward Elgar Publishing, Ltd.) pp. 109–126; 1999, Ties that Bind: A Social Contracts Approach to Business Ethics (Boston, MA, Harvard Business School Press); 1995, Economics and Philosophy 11(1), 85–112; 1994, Academy of Management Review 19(2), 252–284.) integrated social contracting theory (ISCT) of economic ethics will further develop this promising and influential approach to moral reasoning, ethical decision-making, and stakeholder governance. This evolutionary, interactive learning-based model of ethical norm generation via dialogic stakeholder engagement is particularly appropriate within economic communities that are experiencing value conflict and pressures for institutional change. (shrink)

ABSTRACTThis study aimed to throw light on the implied and tacit moral philosophical features of rulings from an apparently effective and well-respected press council. Statements from the Norwegian Press Council are analyzed from the perspective of 3 ethical theories. The analysis shows that the institutionalized media ethics as presented by this authoritative body have distinct features of discourse ethics, while perspectives of virtue ethics are surprisingly absent. The Norwegian Press Council is preoccupied with procedural norms for the public discourse and (...) pays less attention to the character of the journalist and the quality of the journalism. Some reflections in accordance with ethics of proximity can be traced in the council’s statements but take second place in relation to other considerations. (shrink)

Using the example of contemporary Islamic fundamentalism, and especially the writings of Sayyid Qutb, this article raises questions about discourse ethics as a mode of conflict resolution. It appears that discourse ethics is only relevant when all parties have already agreed to settle disputes deliberatively and already share the notions of rational deliberation and individual autonomy. This raises questions not only about the capability of discourse ethics to incorporate a deep plurality of worldviews, but also about its capability to successfully (...) solve disputes. When confronting situations where the willingness to deliberate is absent, discourse ethics is left standing empty handed. This, I argue, is due to both the conceptual distinction between communicative action and strategic action, as well as the abstracted nature of Habermas's discourse ethics. (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)

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)

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)

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)

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)

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)

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)

Argues that morals and politics require on a metaphysical backing and proposes a neoclassical metaphysics.

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

In the US and UK Births in obstetric units vastly outnumber births that take place outside of an obstetric unit. Still non-obstetric births are increasing in both countries. Is it professionally responsible to support a non-obstetric birth? It is morally responsible to choose to give birth at home? This debate has become heated with those on both sides finding empirical support for their positions. Indeed this moral debate is often carried out in terms of empirical evidence. While to some this (...) debate over the evidence is a distraction from what is genuinely at stake, namely different non-epistemic values, I will argue in this paper that the way forward is to take a closer and more fine grained look at the evidence. This closer look will first require that we distinguish between evidence of risk acceptability and evidence of safety and then focus carefully on evidence of the safety of non-obstetric births compared to obstetric births. (shrink)

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

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)

This article seeks to revisit the distinction between the words ethics and morals. First, we understand the word ethics to be focused on the way we seek to live our own life, and hence to connote a relativistic and essentially subjective perspective, whereas we understand the word morals to be focused on the way we should live our lives together, especially through sensitivity to viewpoints other than our own. Second, we perceive a usefulness in such a differentiation when the ethical (...) values of those in a dilemmatic situation are conflicted in order to prioritize moral decision making in contemporary society. We argue that in our current era, characterized by a multiplicity of faiths and by pronounced value pluralism, a philosophical basis for moral decision making needs to be clearly attuned with intersubjectivity and interconnectivity among people. It should be able to determine principles of conduct toward others, no matter how one’s own ethical values, conceptions of the good, or life choices might differ from those of others. To do this, we relocate ethical decision making away from an essentially monological reflection on our own values and purposes into a social space wherein we have an inclusive, noncoercive, and reflective dialogue. (shrink)

This paper is predicated on the understanding that clinical encounters between clinicians and patients should be seen primarily as inter-relations among persons and, as such, are necessarily moral encounters. It aims to relocate the discussion to be had in challenging medical decision-making situations, including, for example, as the end of life comes into view, onto a more robust moral philosophical footing than is currently commonplace. In our contemporary era, those making moral decisions must be cognizant of the existence of perspectives (...) other than their own, and be attuned to the demands of inter-subjectivity. Applicable to clinical practice, we propose and justify a Habermasian approach as one useful means of achieving what can be described as dialogic consensus. The Habermasian approach builds around, first, his discourse theory of morality as universalizable to all and, second, communicative action as a cooperative search for truth. It is a concrete way to ground the discourse which must be held in complex medical decision-making situations, in its actual reality. Considerations about the theoretical underpinnings of the application of dialogic consensus to clinical practice, and potential difficulties, are explored. (shrink)

The historical emphasis of medical ethics, based on substantive frameworks and principles derived from them, is no longer seen as sufficiently sensitive to the moral pluralism characteristic of our current era. We argue that moral decision-making in clinical situations is more properly derived from a process of dialogic consensus. This process entails an inclusive, noncoercive, and self-reflective dialogue within the community affected. In order to justify this approach, we make two claims—the first epistemic, and the second normative. The epistemic claim (...) follows from Habermas’ “ways” of knowing. We argue that the dialogue emanating from this episteme focuses on the relevant facts about the patient, as well as on the values attached to these facts, thus allowing facts and their meanings to serve as the basis for reflective action appropriate to the circumstances. The normative claim follows from Habermas’ discourse theory of morality and communicative action. It determines that clinical decision-making should be approached from the perspective of the actual reality of people in their situation of illness, set in their socio-cultural background, and hence be grounded in the second-person perspective. Relocating ethical decision-making from a monological space into one characterized by dialogue is especially appropriate to the clinical encounter. (shrink)

This paper advocates inclusion of a wider set of ethical theories into the accounting canon. We find that the mainstream accounting curriculum does not adequately engage with non-Western ethical theories or contemporary Western ethical thought, as evidenced by the ethics content of core accounting texts and the International Federation of Accountants’ ethics publications. We suggest adopting a ‘thematic’ approach to teaching ethics as an integrated part of accounting curricula. This approach addresses two competing principles implicit in International Education Standard 4: (...) (i) that all accountants need to be educated to meet global ethical standards, and (ii) that teaching ethics should accommodate ethical traditions and practices that could vary between nations and cultures. The thematic approach we propose requires less additional space within existing accounting curricula and less additional preparation by accounting educators than the alternative approach of teaching substantive ethical theories from a sufficiently diverse range of cultures and traditions. The paper also provides exemplars of this thematic approach to teaching ethics in accounting. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and substantive (...) rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

This article introduces a distinction in the paradigm of multiple modernities between a comparative-civilizational and a post-secular perspective. It argues that the former perspective helps us to understand modernization processes in large cultural-civilizational units, whereas the latter viewpoint focuses on actors and cultural domains within civilizational units and on inter-civilizational crossovers. The two perspectives are complementary. What we gain from this distinction is greater precision in the use of multiple modernities to explain the place of religion in modern societies. The (...) example of Russian Orthodoxy is used to clarify the difference between these two perspectives: whereas from a comparative-civilizational viewpoint, Russian Orthodoxy may appear as Europe’s ‘other’; from a post-secular viewpoint, Orthodox religion is part of Europe’s religious pluralist landscape and partakes in an ongoing process of defining the meaning of European political and cultural integration. (shrink)

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)

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)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

Over the last twenty years, Jürgen Habermas has been at the forefront of debates involving religion in the public sphere. In the wake of 9/11 he has responded to the problems of terrorism, “radical Islam,” and the so-called Muslim question in Europe, attempting to align these issue with his broader theories of deliberative democracy and postsecularism. Although Habermas aims for an inclusive model of deliberation in the public sphere, I argue that his reliance on macro theories of secularization and modernization (...) reproduce an ideal of secular liberal democracy as the standard by which to think about various “Others,” including Muslims. As a result, I claim that he ends up reproducing a soft variety of the “clash of civilizations” thesis by failing to account for the complexity of Muslim identities. In conclusion, I look at alternative models that are better able to historicize and contextualize “Islam” in the past and present, and point to significant gaps that must be filled if his proposals are to be taken seriously. (shrink)

Alasdair MacIntyre has developed a theory of the rationality of traditions that is designed to show how we can maintain both the tradition-bound nature of rationality, on the one hand, and non-relativism, on the other. However, his theory has been widely criticized. A number of recent commentators have argued that the theory is either inconsistent with his own conception of rationality or else is dependent on the standards of his particular tradition and therefore fails to defuse the threat of relativism. (...) In the present essay, I argue that this objection is mistaken. (shrink)

A recent turn in the cognitive sciences has deepened the attention on embodied and situated dynamics for explaining different cognitive processes such as perception, emotion, and social cognition. This has fostered an extensive interest in the social and ‘intersubjective’ nature of moral behavior, especially from the perspective of enactivism. In this paper, I argue that embodied and situated perspectives, enactivism in particular, nonetheless require further improvements with regards to their analysis of the social nature of human morality. In brief, enactivist (...) proposals still do not define what features of the social-relational context, or which kind of processes within social interactions, make an evaluation or action morally relevant or distinctive from other types of social normativity. As an alternative to this proclivity, and seeking to complement the enactive perspective, I present a definition of the process of moral sense-making and offer an empirically-based ethical distinction between different domains of social knowledge in moral development. For doing so, I take insights from the constructivist tradition in moral psychology. My objective is not to radically oppose embodied and enactive alternatives but to expand the horizon of their conceptual and empirical contributions to morality research. (shrink)

Dialogical ethics are a procedural alternative to substantive ethics such as consequentialism, deontology, principlism, casuistry, virtue ethics and care ethics. Dialogical ethics are procedural in that they do not establish goods in advance, unlike substantive ethics, but rather determine goods through a procedure enacted by the actual parties involved (although some substantive notion of justice may still be required); and they are dialogical in that the procedure is that of dialogue, involving both empathic critical discussion and negotiation. A fundamental tenet (...) of dialogical ethics may be the use of appropriate rules of order regulating dialogue among the parties involved. Some of the central characteristics of such rules of order are that they are reciprocally regulated by dialogue, that they override other ethical considerations, and that they institute empathic critical discussion and negotiation within the ethical dialogue. Dialogical bioethics are the application of dialogical ethics to ethical problems in medicine. The approach of dialogical bioethics has proven fruitful for resolving bioethical problems such as that of medical futility, where approaches of substantive ethics have reached an impasse. There is room for further study of special challenges within dialogical bioethics, such as the incompetence of some involved parties, conflicts of interests of third parties, and the cost-effectiveness of this ethical approach. (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)

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)

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)

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

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)

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)

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)

Abstract:This article elaborates a normative Stakeholder Management Theory (SHMT) from a critical theory perspective. The paper argues that the normative theory elaborated by critical theorists such as Habermas exhibits important advantages over its rivals and that these advantages provide the basis for a theoretically more adequate version of SHMT. In the first section of the paper an account is given of normative theory from a critical theory perspective and its advantages over rival traditions. A key characteristic of the critical theory (...) approach is expressed as a distinction between three different normative realms, viz., legitimacy, morality, and ethics. In the second section, the outlines of a theory of stakeholder management are provided. First, three basic tasks of a theoretically adequate treatment of the normative analysis of stakeholder management are identified. This is followed by a discussion of how a critical theory approach to SHMT is able to fulfill these three tasks. (shrink)

This article provides a concise overview of the history of scholarship on solidarity in Europe and North America. While recent decades have seen an increase in conceptual and scholarly interest in solidarity in North America and other parts of the Anglo-Saxon world, the concept is much more strongly anchored in Europe. Continental European politics in particular have given rise to two of the most influential traditions of solidarity, namely, socialism and Christian ethics. Solidarity has also guided important public instruments and (...) institutions in Europe. Despite the much stronger affinity of continental European societies to solidaristic thinking, we argue that solidarity has much to offer for addressing societal challenges on both sides of the Atlantic and beyond. After proposing a working definition of solidarity that highlights its utility for guiding policy and practice, we give an example of how a solidarity-based perspective can shape instruments for the governance of data use. (shrink)

The concept of agency, defined counterfactually as the freedom to 'act otherwise', occupies a central place in much of contemporary social and political theory. In criticizing this concept of agency I deploy what I call an 'immanent critique', focusing upon Bhaskar's 'transcendental realism' and Rorty's anti-realist theory of linguistic contingency. Invoking Wittgenstein's argumentation from On Certainty, I go on to contend that agency and freedom cannot be 'known' in the way that social and political theorists assert. I proceed to criticize (...) Bhaskar's pro vision of transcendental realist foundations for Marxism, and Rorty's use of Wittgenstein. I argue that Bhaskar's conception of social critique and Rorty's defence of 'bourgeois liberal society' are both predicated on a similar notion of individuals' 'private' possession of agency and free choice. (shrink)