Scholars have long recognized the existence of myriad widespread deep disagreements on values, justice, morality, and ethics. In order to come to terms with such deep disagreements, resistant to rational solution, this article asserts the need for developing an ethics of disagreement. The reality that theoretical disagreements often turn into practical conflicts is a major justification for why such an ethics is necessary. This paper outlines an ethics of deep disagreement that is primarily conceived of as a form of virtue (...) ethics. Such an ethics asks opposing parties in moral and intellectual conflicts to acknowledge that (a) deep disagreements exist, (b) opposing positions should be recognized as worthy of respect, and that (c) one should seek dialogue and mutual understanding. This ethical approach conceives of toleration as a moral and political virtue and presents an argument for toleration based on deep disagreements. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first sketches five possible (...) reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

‘It is necessary to a Prince to learn how not to be good’. This quotation from Machiavelli’s The Prince has become the mantra of the standard dirty hands thesis. Despite its infamy, it features proudly in most conventional expositions of the dirty hands problem, including Michael Walzer’s original analysis. In this paper, I wish to cast a doubt as to whether the standard conception of the problem of DH—the recognition that, in certain inescapable and tragic circumstances an innocent course of (...) action is unfeasible—fully captures Machiavelli’s message and its terrifying implications. In particular, I argue that the standard DH thesis is inadequately ‘static’: it conceives the conflict between ordinary morality and political morality as a stark, momentary and rare paradox of action—an anomaly disrupting the normality of harmony. As such it misconceives both the extent and the nature of the rupture between morality and politics. In this sense, the argument I shall advance does just involve an exercise in the history of political thought. Rather, I want to suggest that, by virtue of its failure to take Machiavelli’s insights seriously, the standard DH thesis fails to live up to its purported capacity to capture the complexity and fragmentation of our moral cosmos and that, consequently, it is nothing more than a thinly veiled version of the idealism and monism it purports to reject. (shrink)

A case from 1996 in Oregon in which citizens' legally publicmotor vehicle information was disseminated on a World Wide Website is considered. The case evoked widespread moral outrageamong Oregonians and led to changes in the Oregon records laws.The application of either consequentialist ornon-consequentialist moral theories to this and otherinformational privacy cases is found to be inadequate.Adjudication of conflicting desires is offered as the appropriateanalytical model for moral disputes. The notion of adjudicationoffered here diverges from traditional moral theories in itsindeterminate nature.

A paradox, it is claimed, is a radical form of contradiction, one that produces gaps in meaning. In order to approach this idea, two senses of “separation” are distinguished: separation by something and separation by nothing. The latter does not refer to nothing in an ordinary sense, however, since in that sense what’s intended is actually less than nothing. Numerous ordinary nothings in philosophy as well as in other fields are surveyed so as to clarify the contrast. Then follows the (...) suggestion that philosophies which one would expect to have room for paradoxes actually tend either to exclude them altogether, or to dull them. There is a clear alternative, however, one that fully recognizes paradoxes and yet also strives to overcome them. (shrink)

The claim that democratic politics is the art of compromise is a platitude but we seem allergic to compromise in politics when it happens. This essay explores this paradox. Taking my cue from Machiavelli’s claim that there exists a rift between a morally admirable and a virtuous political life, I argue that: a ‘compromising disposition’ is an ambiguous virtue—something which is politically expedient but not necessarily morally admirable; whilst uncongenial to moral integrity, a ‘compromising disposition’ constitutes an essential aspect of (...) political integrity. In so doing, I question certain moralistic assumptions which fuel contemporary vilifications of compromise—that, in theory, democratic politics should be inhospitable to compromise and that political integrity should be akin to moral integrity—and which are shared by Walzer’s Dirty Hands thesis which professes to be sensitive to the realities of politics. These assumptions displace the complex realities of politics and misconstrue the standards of political excellence; they unsatisfactorily idealize political integrity and the messy context in which democratic politicians operate—a context characterized by a plurality of incompatible traditions, each with its own values and principles. Whilst commitment to a set of principles stemming from one’s tradition or pre-election promises implies commitment to realize these, leading a virtuous political life amidst such a grubby domain often requires abandoning some of these. An innocent, all-or-nothing pursuit of one’s principles in politics might prompt political disaster or defeat: an uncompromising disposition entails the entire abandonment of any hope of realizing all of those principles. (shrink)

A central aspiration of the ‘Britishness’ agenda in UK politics is to promote community through the teaching of British values in schools. The agenda’s justification depends in part on the suppositions that harmony arising from agreement on certain values is a necessary condition of social health and that conflict arising from pluralism connotes a form of dysfunction in social life. These perceptions of harmony and conflict are traceable to the ancient Greeks. Plato used the device of the soul-city analogy to (...) provide a form of independent justification for his favoured model of community according to which harmony was essential. However, the soul-city analogy involves an intellectual sleight-of-hand. The idea that conflict connotes a defect in social life, which continues to haunt contemporary debates about community and values education, is the vestige of an ancient aristocratic ideology and we must learn to see it as such. There is no more reason to accept the Platonist portrayal of the place of conflict in social life than there is to accept a diametrically opposed Heraclitean account, which interprets harmony as the central threat to social flourishing. The implications of this ancient dispute for modern education are considerable: there is nothing natural or inevitable about the association of conflict with social dysfunction that partly supports the Britishness agenda; it is a political prejudice. Coming to see it as such will reveal new pathways to belonging and new ways of understanding the role of education in fostering the good society. (shrink)

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

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

In this article I examine whether Moral Foundations Theory can fulfil the promises that Haidt claims for the theory: that it will help in developing new approaches to moral education and to the moral conflicts that divide our diverse society. I argue that, first, the model that Haidt suggests for understanding the plurality of moralities—a shared foundation underlying diverse moralities—does not help to overcome conflicts. A better understanding of the nature and background of moral conflicts can lead to a more (...) respectful attitude towards people with conflicting views, but need not contribute to ending conflicts. Second, I show that pervasive moral conflicts should be dealt with on the level of politics. They require a morality of compromising. Third, I examine why this approach does not seem to work in the USA. (shrink)

Machine learning-based AI algorithms lack transparency. In this article, I offer an interpretation of AI’s explainability problem and highlight its ethical saliency. I try to make the case for the legal enforcement of a strong explainability requirement: human organizations which decide to automate decision-making should be legally obliged to demonstrate the capacity to explain and justify the algorithmic decisions that have an impact on the wellbeing, rights, and opportunities of those affected by the decisions. This legal duty can be derived (...) from the demands of Rawlsian public reason. In the second part of the paper, I try to show that the argument from the limitations of human cognition fails to get AI off the hook of public reason. Against a growing trend in AI ethics, my main argument is that the analogy between human minds and artificial neural networks fails because it suffers from an atomistic bias which makes it blind to the social and institutional dimension of human reasoning processes. I suggest that developing interpretive AI algorithms is not the only possible answer to the explainability problem; social and institutional answers are also available and in many cases more trustworthy than techno-scientific ones. (shrink)

This paper centres on the question as to whether human rights can be reconciled with patriotism. It lays out the more conventional arguments which perceive them as incommensurable concepts. A central aspect of this incommensurability relates to the close historical tie between patriotism and the state. One further dimension of this argument is then articulated, namely, the contention that patriotism is an explicitly political concept. The implicit antagonism between, on the one hand, the state, politics and patriotism, and, on the (...) other hand, human rights, is illustrated via the work of Carl Schmitt. However, in the last few decades there has been a resurgence of interest in patriotism and an attempt to formulate a more moderate form, which tries to reconcile itself with universal ethical themes. Some of these arguments are briefly summarised; the discussion then focuses on Jürgen Habermas’s understanding of constitutional patriotism. This is seen to provide an effective response to Schmitt’s arguments. There are weaknesses in the constitutional patriotic argument which relate to its limited understanding of both the state and politics. This leads me to formulate my own argument for “unpatriotic patriotism.” The discussion then examines and responds to certain potential criticisms of this argument. (shrink)

The reception of Stuart Hampshire's political philosophy has been remarkably subdued and negative. His defence of procedural justice has been roundly rejected as logically incoherent and his conclusions have been dismissed as unduly pessimistic and inconsequential. But the critics are guilty of a quite fundamental misapprehension of Hampshire's enterprise. Properly understood, his defence of procedural justice is entirely coherent. Moreover, Hampshire provides an extremely rich and distinctive account of the place of conflict in human life that has potentially dramatic and (...) far-reaching implications for the discipline of political theory. This account forms the radical core of Hampshire's originality, an originality that is consistently neglected by his opponents. (shrink)

Climate change governance is extremely challenging because of both the intrinsic difficulty of the issues at stake and the plurality of values and world-views. For these reasons, the ethical concerns that characterise climate change should also be meaningfully addressed through a specific version of procedural justice. Accordingly, in this article we adopt an impure notion of procedural justice. On this theoretical basis, we define relevant fairness criteria and contextualise them for climate governance systems. Then, we empirically justify fairness criteria against (...) a critical and divisive element for the future governance of the Green Climate Fund, i.e., the no-objection procedure. The article concludes with some considerations prompted by the analysis. (shrink)

The purpose of this article is to investigate appropriate methods for educating students into citizenship within a pluralistic state and to explain why civic education is itself important. In this discussion, I will offer suggestions as to how students might be best prepared for their future political roles as participants in a democracy, and how we, as theorists, ought to structure institutions and curricula in order to ensure that students are adequately trained for political decision making. The paper is divided (...) into six sections. In the first two sections, I argue that community is a learned understanding and that such education,even when it supports liberal commitments,cannot be neutral. I use the social contract tradition as an entrance into the perpetual nature of conflict within a pluralist society. In the third and fourth sections, I develop a pedagogy geared towards educating students into what I call cognitive conflict, and argue that the arts, widely understood, should be privileged over other disciplines. In the fifth section, I examine two difficulties inherent inmy pedagogy — first that it seems to demandthat all perspectives be taught, and second that it seems to promote anxiety among students. In the final section, I ask that political theory reexamine the role of harmony in justice. I conclude that a managed conflictis a more acceptable organizational description of liberal political structures. (shrink)

‘The fox knows many things, but the hedgehog knows one big thing’. -Archilochus quoted in Berlin, The Hedgehog and the Fox, 22The fragment from the Greek poet Archilochus, quoted in Isaiah Berlin’s essay ‘The Hedgehog and the Fox’, serves as a metaphor for the long-standing contrast and rivalry between two radically different approaches to public ethics, each of which is couched in a radically different vision of the structure of moral value. On the one hand, the way of the hedgehog (...) corresponds to the creed of value monism, reflecting a faith in the ultimate unity of the moral universe and belief in the singularity, tidiness and completeness of moral and political purposes. On the other hand, the way of the fox corresponds to the nemesis of monism, the philosophical tradition of value pluralism, to which this collection of essays is devoted. This dissenting countermovement, which emerges most clearly in the writings of Isaiah Berlin, Stuart Hampshire, Bernard Williams and John Gray, is fuelled by an appreciation of the perpetuity of plurality and conflict and, correspondingly, by the conviction that visions of moral unity and harmony are incoherent and implausible. In the view of the value pluralists, ‘there is no completeness and no perfection to be found in morality’. (shrink)

This paper explores two different versions of ‘the realist turn’ in recent political theory. It begins by setting out two principal realist criticisms of liberal moralism: that it is both descriptively and normatively inadequate. It then pursues the second criticism by arguing that there are two fundamentally different responses among realists to the alleged normative inadequacy of ideal theory. First, prescriptive realists argue that the aim of realism is to make political theory more normatively adequate by making it more realistic. (...) Interpretative realists, on the other hand, argue that realist theorising should detach itself from such an aspiration, and instead aim at theoretical understanding rather than normative prescription. After some further elaboration of what interpretative realism might look like, it is acknowledged that both approaches still need to address the question of political normativity. (shrink)

Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters of (...) fact that no reflection on democracy can underevaluate. They are the major issues through which to look at the intersection of law, politics and morals. The inclusion of dissent is a powerful tool for moral recognition of different understandings of justice. That is where legal procedures become crucial. Law is a fundamental element in the building of a democracy. But it is also particularly exposed to disagreement. Language indeterminacy, dogmatic concepts and value pluralism constitute the main elements that lead to alternative and conflicting interpretations of law in a democratic framework. Major legal progress in the past has come from different understandings of the same legal materials. In this article I argue that respect for disagreement should be a moral principle in democracy and that the role of legal disagreement is essential to understand the evolution and the future directions of democracy as the government of a political community. To do so, a link between respect for disagreement and legal interpretation and argumentation must be established in order to make room for reason and avoid extreme skepticism on the contribution of law to the enforcement of democracy. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1277-1301, November 2022. The realist injunction to attend to the ‘realities of politics’ when we do political philosophy, though obviously appropriate, is highly platitudinous. By drawing on the underappreciated realist insights of Isaiah Berlin, Stuart Hampshire and Hannah Arendt, we elaborate a neglected distinction between two antagonistic conceptions of political reality – the realism of surface and the realism of depth – and consider its implications for the recent realist turn. We (...) illustrate how that distinction reveals some neglected tensions and incoherencies within contemporary realism and go some way towards untangling and addressing these. Specifically, we enrich the realist charge and highlight two directions which realist scholarship can pursue in its endeavour to offer a meaningful alternative to moralism: an emphasis on i) Vichian fantasia – a kind of knowledge which entails historical awareness but also sensitivity to philology; and ii) suffering and injustice as a basis for critique and for developing a suitable political sphere. (shrink)

Public deliberation about health policy in the United States often hinges on two untenable basic assumptions about political legitimacy. The first assumption, common in public debate throughout the United States, is that federal oversight of health care is justified under a federal compact binding all citizens. This assumption is false because the federal compact precludes such oversight. Indeed, the ascendancy of national government (and demise of federalism) over the past 70 years was engineered through the subversion of the federal compact, (...) creating an expansive legitimation gap. The second assumption—that political legitimacy can be established through appeals to expert consensus about fundamental conceptions of justice or human rights—is prevalent among bioethicists. I argue that this assumption is illicit because it hinges on a weak, rationalistic form of majoritarian democracy that conflates public acquiescence with public approval. If the public mission of academic bioethics involves protecting the integrity of public deliberation, then these two basic assumptions should be challenged. (shrink)

Declining levels of political trust and voter turnout, the shift towards populist politics marked by appeals to ‘the people’ and a rejection of ‘politics-as-usual’, are just some of the commonly cited manifestations of our culture of political disaffection. Democratic politics, it is argued, is in crisis. Whilst considerable energy has been expended on the task of lamenting the status of our politics and pondering over recommendations to tackle this perceived crisis, amid this raft of complaints and solutions lurks confusion. This (...) paper seeks to explore the neglected question of what the precise nature of the crisis with which we are confronted involves, and, in so doing, to go some way towards untangling our confusion. Taking my cue from Machiavelli and his value-pluralist heirs, I argue that there is a rift between a morally admirable and a virtuous political life. Failure to appreciate this possibility causes narrations of crisis to misconstrue the moral messiness of politics in ways that lead us to misunderstand how we should respond to disenchantment. Specifically, I suggest that: we think that there is a moral crisis in politics because we have an unsatisfactorily idealistic understanding of political integrity in the first place; and it is a mistake to imagine that the moral purification of politics is possible or desirable. Put simply, our crisis is not moral per se but primarily philosophical in nature: it relates to the very concepts we employ—the qualities of character and context we presuppose whilst pondering over political integrity. (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 the last two decades, an ever-increasing number of scholars have challenged the conceptual borders of political philosophy and the supposed universalism of its normative pre-commitments. Surprisingly enough, the normative underpinnings of this debate have had very little impact on contemporary disputes about pluralism. This article asks how contemporary disputes about the conceptual borders of political theory can help in constructing a more plural theory of pluralism. It shows that such contributions inspire three ways of constructing a more plural political (...) theory of pluralism: a self-transformative approach, a dialogical approach and a pre-relational approach. While all three approaches progress towards less exclusionary theories of pluralism, I argue that a pre-relational approach can lead to a normative theory that is more plural than the alternatives. (shrink)

One prominent interpretation of Heidegger’s thought on issues that are traditionally called “ethical” is that it gives us a formal description of how to reach authenticity (the early Heidegger) or how to gain a free relationship to technology (the late Heidegger) without stating any positive prescriptions. However, as Hubert L. Dreyfus (1995, 2000) has argued, there is more than pure formalism to Heidegger’s thought: he points again and again to how important rootedness, Boden and Heimat, are in trying to overcome (...) the technological understanding of being. Notoriously, Heidegger sees a special role to the Greek–German linguistic axis in internally challenging the tradition of Western metaphysics. This putative special status is in an unsettling way connected to Heidegger’s antidemocratic ideas and to the “closedness” of the tradition that according to him is able to challenge the technological world. We will claim here that there is a way of opening up and thus, in a sense, democratizing the role of tradition and rootedness. However, this democatization has to be done without losing sight of the importance of positive content (as opposed to formal description) in overcoming technology. This opening up is connected to the idea of local gods in later Heidegger as interpreted by Dreyfus; however, the democratization comes at the price of making ethics local as opposed to universal. (shrink)

Der neue politische Realismus erkennt in John Rawls einen Erzfeind. In jüngeren Debatten scheint oft evident zu sein, dass gerade Eine Theorie der Gerechtigkeit exemplarisch für einen Moralismus sei, der die politische Wirklichkeit verzerre. Doch die Sache ist kompliziert. In diesem Aufsatz blicke ich zurück auf sein Frühwerk im Lichte dieser Kritik. Dabei geht es mir um vier Einwände: dass Rawls’ Idealtheorie kein Ratgeber für das politische Handeln und ideologisch verblendet sei; Macht und ihre Legitimierbarkeit nicht überzeugend konzipiere; die Bedeutung (...) politischer Konflikte und Uneinigkeit über den Inhalt der Gerechtigkeit unterschätze; und verkenne, dass eine wahrlich politische Theorie auf die Geschichte eingehen müsse. Wie stichhaltig sind diese Vorwürfe und was fördern sie zutage? Der Aufsatz zeigt, dass selbst Rawls’ erstes Hauptwerk nicht so einfach eines Moralismus überführt werden kann, wie es auf den ersten Blick den Anschein hat. Damit meine ich nicht, dass die Einwände allesamt keinen Biss hätten. Doch werden die Rechtfertigungslasten der Rawls’schen Gerechtigkeitstheorie nicht immer gebührend berücksichtigt; und manche Konterpunkte sind gerade bei wichtigen philosophischen Weggabelungen nicht ausreichend mit argumentativer Substanz untermauert. Wer einen Anti-Moralismus verficht, wofür es gute Gründe gibt, sollte weiterhin das konstruktive Gespräch auch mit dem frühen Rawls suchen und auf die internen Spannungen sowie realistischen Konzessionen seines Egalitarismus achten. (shrink)

This paper draws on the underappreciated realist thought of Isaiah Berlin, Stuart Hampshire and Judith Shklar, rehearses their critique of moralism and extends it to a position which seems far from obvious a target: the dirty hands thesis, which is mostly owed to Michael Walzer, and which a number of contemporary realists have recently appealed to in their endeavour to challenge moralism and/or tackle the insufficiently addressed question of what a more affirmative, realist public ethic might involve. In illustrating that (...) the DH thesis is a thinly disguised brand of the moralism which realists reject, I shall not merely put some flesh on the bones of Shklar’s scattered, unsystematic objections to Walzer’s thought – the only realist who explicitly criticized his DH thesis. Rather, I wish to cast doubt on the internal coherence and ‘realism’ of contemporary realist positions which invoke that thesis and to illustrate that the discrepancy between Berlin’s, Shklar’s and Hampshire’s thought and the DH thesis: i) enriches our understanding of how we might wish to distinguish more meaningfully realism from the ideal/non-ideal theory debate; and ii) enables us to pursue a particular direction in which a more positive realist approach to public ethics and integrity might be developed – an approach which we might term Heraclitian realism, and which follows from their idiosyncratic, innovative, and radical account of the place of conflict in human life. (shrink)

Recent International Relations scholarship has identified ‘societal multiplicity’ as the ontological concept that gives IR its identity as an academic discipline. My article, by contrast, addresses the question: What are the consequences, that is, the positive potential and the necessary costs, of understanding multiplicity as a moral-political value in world politics? The question is important because, in contrast to the focus on multiplicity as the ontology of IR, it allows us to develop a more radically democratic idea of multiplicity as (...) a value in world politics. To address this question, I will bring Rosenberg’s conception of societal multiplicity into conversation with the radically democratic idea of Tully’s ‘strange multiplicity’ and draw out the consequences of such a normative turn. My argument is that while Rosenberg does not frame multiplicity as a value, Tully’s normative understanding of the concept harbours enormous potential to transform oppressive and dominating practices in world politics. However, I will also show that Tully’s general rejection of all forms of domination comes at a price that must not be underestimated. It is of crucial importance to get a clear picture of these consequences as we must decide whether or not this price is, ultimately, worth paying. (shrink)

Volume 11, Issue 1, March 2019, Page 68-83.

This review article on Chenyang Li’s The Confucian Philosophy of Harmony will be divided into three sections. In the first section I will briefly describe Li’s Confucian Philosophy of Harmony, highlighting the major arguments of each chapter. The second section will critically analyze the contrasts Li draws between Confucian and ancient Greek notions of harmony. Here I do not attempt to criticize Li, but rather build on his comparison between Chinese and Greek philosophy, which plays only a minor role in (...) this work. I propose that there is room to think about Greek philosophy, and Plato in particular, in ways that promote a more dynamic interpretation of the relationship between harmony and order. Reversing the mainstream trend of “using the West to understand China” (以西释中), I will show that we may also benefit from “using China to understand the West.”. (shrink)

In most children’s hospitals, there are very few ethics consultations, even though there are many ethically complex cases. We hypothesize that the reason for this may be that hospitals develop different mechanisms to address ethical issues and that many of these mechanisms are closer in spirit to the goals of the pioneers of clinical ethics than is the mechanism of a formal ethics consultation. To show how this is true, we first review the history of collaboration between philosophers and physicians (...) about clinical dilemmas. Then, as a case-study, we describe the different venues that have developed at one children’s hospital to address ethical issues. At our hospital, there are nine different venues in which ethical issues are regularly and explicitly addressed. They are ethics committee meetings, Nursing Ethics Forum, ethics Brown Bag workshops, PICU ethics rounds, Grand Rounds, NICU Comprehensive Care Rounds, Palliative Care Team case conferences, multidisciplinary consults in Fetal Health Center, and ethics consultations. In our hospital, ethics consults account for only a tiny percentage of ethics discussions. We suspect that most hospitals have multiple and varied venues for ethics discussions. We hope this case study will stimulate research in other hospitals analyzing the various ways in which ethicists and ethics committees can build an ethical environment in hospitals. Such research might suggest that ethicists need to develop a different set of “core competencies” than the ones that are needed to do ethics consultations. Instead, they should focus on their skills in creating multiple “moral spaces” in which regular and ongoing discussion of ethical issues would take place. A successful ethicist would empower everyone in the hospital to speak up about the values that they believe are central to respectful, collaborative practice and patient care. Such a role is closer to what the first hospital philosophers set out to do than in the role of the typical hospital ethics consultant today. (shrink)

Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...) Justice might offer a more coherent decision-making process. Restorative Justice is hypothesised to operate as a kind of mediation process between the philosophies of punishment and understandings of justice held by participants. Their voluntarily agreed outcome should therefore represent the best possible compromise between participants’ ideas of justice and philosophies of punishment. Analysis of existing empirical research has been undertaken, involving the examination of existing studies of Restorative Justice in Northern Ireland, England and Wales, Australia and New Zealand. This empirical research has explored problems which can arise in practice for the theoretical conception of Restorative Justice as a mediation process between ideas. The thesis concludes that Restorative Justice can in theory offer a more coherent process of sentencing, but that there are a number of obstacles to realising this in practice. (shrink)