'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 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. 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 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. People that do recognise these principles will either be opponents of animal transgenesis or will be in favour of a 'no, unless there are good reasons to do so' policy. 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 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)

The evaluation of new theories and pedagogical approaches to business ethics is an essential task for ethicists. This is true not only for empirical and applied evaluation but also for metatheoretical evaluation. However, while there is increasing interest in the practical utility and empirical testing of ethical theories, there has been little systematic evaluation of how new theories relate to existing ones or what novel conceptual characteristics they might contribute. This paper aims to address this lack by discussing the role (...) of metatheorising in assessing new approaches to ethics. The approach is illustrated through evaluating a new pedagogy and curriculum for ethics education called Giving Voice to Values (GVV). Our method involves identifying a number of metatheoretical lenses from existing reviews of ethical theories and applying these to examine GVV’s conceptual elements. Although GVV has been explicitly presented as a pedagogy and teaching curriculum, we argue that it has the potential to contribute significantly to the development of ethical theory. We discuss the general implications of this metatheoretical method of evaluation for new approaches to business ethics and for GVV and its future development. (shrink)

Different paradigms or perspectives function as the point of departure and framework for research. In this article ethical issues in the positivist and constructivist paradigms are presented. The article points out that more or less the same ethical codes are used in these paradigms, but with some nuanced interpretations. CHAT (cultural historical activity theory) is presented as a third paradigm. While conducting research, one intention within this paradigm is to change and improve practice. This means that the researcher and the (...) research participants during the research process together set the goals for the work and try to change practice en route to these goals. The relation between the researcher and the research participants is different than in the other two presented paradigms. This means that research in the CHAT paradigm also needs to be guided by different ethical codes. The purpose of this article is to show how some of the traditional ethical codes which direct research both in the positivist and constructivist paradigm change and are also inadequate in the CHAT paradigm. The article presents and discusses ethical codes that challenge the researchers’ communicative, social and knowledge competence. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (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’.

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)

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)

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)

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)

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)

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)

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)

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)

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be (...) exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, in order to make it inclusive of the other. In the final analysis, immigration law forces us to consider both the concrete individuality and abstract humanity of refugees, asylum seekers and other homeless persons who have been displaced by global economic underdevelopment. When combined with the "statelessness" of desperate classes of immigrants, this fact about immigration law reveals a revolutionary possibility for future development and perfection leading to its own transcendence: from an inhospitable immigration law that is administered exclusively by the nation state to a cosmopolitan law of universal citizenship under the auspices of a global human rights regime. (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.

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

In this paper I argue against Jürgen Habermas’s theoretical dualism between ethics and morality. I do this by showing how his account of normativity is vitiated by an unnecessary superposition of a social-evolutionary and a theoretical-linguistic account of normativity, and that this brings about theoretical problems that in the end cannot be overcome. I also show that Rainer Forst’s attempt at salvaging Habermas’s distinction is equally doomed to failure, but that his attempt nevertheless invites new and more fruitful avenues for (...) normative theory that are worth exploring. The conclusion of this paper is that traditional notions of ethics and morality can be preserved provided we heavily redefine their meanings and release them from some of the theoretical work they have been expected to accomplish, but that to complete this transition we also need to supersede Forst’s pluralization of normative contexts toward a theory of normative practices that in the end makes the distinction between ethics and morality workable but useless. I begin by first locating the debate about ethics and morality within the context of recent normative theory, and proceed to examine the two main strategies through which Habermas has elaborated his idea of a sharp dualism between ethics and morality. I then introduce a theoretical distinction between what I call a horizontal and a vertical integration of ethics and morality and contend that whilst only the horizontal is viable, Habermas decidedly prefers the idea of a vertical integration. With this work done, I proceed to complete my critique of Habermas’s argument and show how, by recovering the pragmatist roots of his thought, an alternative solution based on a functionalist understanding of morality could be envisaged. I then conclude by examining Rainer Forst’s attempt at salvaging Habermas’s account, and show that the failure of Forst’s attempts opens the way for new and more fruitful approaches to normative theory which are more likely to recover the pragmatist roots of Habermas’s thought. (shrink)

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

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (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.

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)

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 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)

This paper tries to characterize the factors determining human relations with its environment and to identify the drives of those behavioral patterns and “praxis”. One scrutinizes the physiological and psychological factors that influence those drives, and tries to determine ways of overriding instinctive drives in favor of rational, sustainable ones. It focuses its attention on the way the different ecosystemic, economic and socio-cultural systems work, and pin-points the critical issues in view of the development of sustainable behavioral patterns. Also the (...) values that must build the new behavioral paradigm, as well as the ways to ensure the evolutionary quantum-leap necessary to ensure this sustainable condition, and the fulfilment, at every level, the different needs of humans and human societies, are analyzed. In conclusion, it stresses the fact that any reliable and long lasting change towards a sustainable behavior must start at the individual and the close social groups levels, and of the development of new factors of self-fulfillment and gratification, able to support and foster that change. The proposed epistemological approach is particularly innovative, precisely because of this emphasis on the individual drives and the way they determine the global patterns of environmental use, as well as the way they can evolve into a more rational character. In short, the paper focuses itself in the way man can evolve from its natural animal instincts and drives toward more rational ones, humanizing its behavior and turning, therefore, into an able actor of the process of sustainability building. (shrink)

Although Judith Butler regards recognition as the theme unifying her work, one finds a striking absence of dialogue between her and the authors of the normative theories of recognition – Honneth, Habermas, Ricoeur, etc. In the present article I seek to call into question this sentiment, shared by the two sides, of a radical theoretical heterogeneity. First I seek to show that the theory of performativity which Butler developed initially, contrary to all expectations, sets her relatively apart from the tradition (...) to which she conforms (the French reading of Hegel), and brings her closer to the proposition represented by the normative theories of recognition in general, and that of Honneth in particular. Then I highlight how the recent modulations in her theory, through the appearance of the idea of a constitutive vulnerability, which enables her to found an ethics, undermine for once and for all the claim of irreducibility maintained by each of the two theories in relation to the other. (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)

This paper argues against the view that a single environmental ethic can be formulated that could be universally applied in all geographic settings and across cultures. The paper specifically criticizes Callicott's proposal that Leopold's land ethic be adopted as a global environment ethic, and develops an alternative bioregional perspective which suggests that while there can be a great deal of variety in how different cultures think about and interact with their local environments, there is nonetheless the need for cross-cultural dialogue (...) on how specific problems that transcend cultural boundaries can be successfully resolved. (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)

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)

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)

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)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (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)