In recent years, it has been argued more than once that situations determine our conduct to a much greater extent than our character does. This argument rests on the findings of social psychologists such as Stanley Milgram, who have popularized the idea that we can all be brought to harm innocent others. An increasing number of philosophers and ethicists make use of such findings, and some of them have argued that this so-called situationist challenge fatally undermines virtue ethics. As virtue (...) ethics is currently the most popular underpinning for ethics education in the military, it is important to know to what extent the claim situationists make is correct. Fortunately, a closer look indicates that an interactionist perspective, with our character and the situation interplaying, is more accurate than the situationist perspective. (shrink)

Common philosophical discussions concerning the ethics of human interaction with the biosphere and universe have been significantly informed by certain presuppositions: nature is conquerable; human cultural and social progress is somewhat like a thing, beyond human control, and is inevitable and benevolent; and Homo sapiens is the superior life-form. Although arguments, such as whether humans should conquer nature, founded upon these presuppositions have sometimes been challenged, each of these three presuppositions wants direct analysis. The three have become so ingrained in (...) professional and everyday discourse that they have mythic proportions, as though beyond question. Because of the weightiness of the relevant philosophical issues, they merit overt analysis. Although they are independent and may be analyzed separately, this article treats them as whole, as they often work together in arguments. After finding substantial problems, the article suggests alternative ways of building sustainable presuppositions in similar territory. (shrink)

A natural resource is not given, but depends on human knowledge for its exploitation. Thus a ‘unit of resource’ is, to a significant degree, a ‘unit of meaning’, and education is potentially important not only for the use of resources but also for their creation. The paper draws on poststructuralism to confirm the intuition that it would be misleading to conceive of ‘units’ of meaning. However, it is commonly acceptable to conceive of ‘units’ of resource, as in much discussion around (...) sustainability; but, if the latter concept is suspect, then so is the former. The error seems to arise from the assumption of identifiable points in space-time, already problematised by quantum mechanics and poststructuralism. Conceiving of ‘now’ as a moving in and with time, rather than as a point in time, human survival is construed as an ongoing process of meaning-making constrained though not determined by the carrying capacity of the planet. The Second Nature conception of John McDowell is critiqued with respect to this. (shrink)

In the ‘Introduction’ to Capitalism and Freedom, Friedman's stated intentions are to: establish the role of competitive capitalism as a system of economic freedom and a necessary condition for political freedom; indicate the proper role of government in a free society; and return the term ‘liberal’ ‘… to its original sense – as the doctrines pertaining to a free man’. In fact, Friedman accomplishes none of these things. This essay has three distinct, though related, objectives: first, to compare Friedman's position (...) with the liberal alternative; second, to show why Friedman's position is more properly regarded as libertarian than liberal; and third, to assess the quality of Friedman's argument in its own right. My purpose is to demonstrate that Friedman overlooks the important liberal insight that the unrestricted accumulation of private propety may limit rather than promote individual freedom. This omission is crucial. Not only does it divorce Friedman's conception from liberalism, it also vitiates his case for economic freedom as a necessary condition for political freedom. (shrink)

Epistemic arguments play a significant role in the foundations of market liberalism as exemplified, in particular, by the work of F. A. Hayek. Competition in free markets is claimed to be the most effective device both to utilize the knowledge dispersed throughout society as well as create new knowledge through innovation competition. The fast pace with which new economic opportunities are discovered and costs are reduced is considered proof of the benefits of free markets to the common good. However, with (...) its inherently unpredictable consequences, innovation competition is actually ambiguous in this respect. This feature raises questions over the stringency of market liberal pleas that oppose quests for redistribution and environmental concerns in an absolute fashion. (shrink)

Postmodernism is often characterized, among other things, as the belief in the unattainability of objective truth and as a rejection of teleological and reductionist, or essentialist, forms of thought. For instance, in his provocative book The Rhetoric of Economics, Donald McCloskey sketches the implications for economic methodology of Richard Rorty's rejection of the modernist quest for Truth, as represented by various rationalist and empiricist epistemologies. McCloskey describes modernist methodology as displaying a desire to predict and control, a search for objective–;which (...) often means measurable–;knowledge, and an attempt to develop a value-free inquiry, among other characteristics. This “methodological correctness,” McCloske suggests, is discredited by the postmodern dissatisfaction with traditional epistemology. Thus, in place of the modernist belief in a rule-guided path to truth, he advocates a “free market” approach to knowledge, in which participants in the variety of theoretical conversations agree to be earnest and listen politely to one another. (shrink)

In spite of the important discoveries made by Adam Smith and later by the economists of the Austrian School, Friedrich Hayek remained intellectually challenged by the miracle of the price mechanism. As it turned out there was still some pioneering to do in describing the price mechanism. This became clear when Hayek identified the dispersal of information relevant to exchange transactions as the central issue of economic study. In the context of his distinction between competition as a state of things (...) and as a process the price mechanism manifests itself as a powerful integrator of information which is at first sight hopelessly dispersed in modern society. In 1945 he pointed out another intellectual challenge which the miracle of the price mechanism poses: How could such a marvelous functionality come into existence? “I am convinced that if it [the price mechanism] were the result of deliberate human design, and if the people guided by the price changes understood that their decisions have significance far beyond their immediate aim, this mechanism would have been acclaimed as one of the greatest triumphs of the human mind”. It is precisely because the free determination of prices is obviously not an invention, and because actors on the market in general do not realize that their decisions are at once also signals for the information-processing system that the market is, that in general this market order is not highly estimated. The market order is nevertheless the best illustration of the dual principle that the most beautiful forms of complex functionality are not deliberately created and are not deliberately maintained. (shrink)

This article traces John Rawls’s debt to Frank Knight’s critique of the ‘just deserts’ rationale for laissez-faire in order to defend justice as fairness against some prominent contemporary criticisms, but also to argue that desert can find a place within a Rawlsian theory of justice when desert is grounded in reciprocity. The first lesson Rawls took from Knight was that inheritance of talent and wealth are on a moral par. Knight highlighted the inconsistency of objecting to the inheritance of wealth (...) while taking for granted the legitimacy of unequal reward based on differential productive capacity. Rawls agreed that there was an inconsistency, but claimed that it should be resolved by rejecting both kinds of inequality, except to the extent they benefitted the worst off. The second lesson Rawls learned from Knight was that the size of one’s marginal product depends on supply and demand, which depend on institutional decisions that cannot themselves be made on the basis of the principle of rewarding marginal productivity. The article claims that this argument about background justice overstates its conclusion, because the dependence of contribution on institutional setup is not total. Proposals for an unconditional basic income may therefore have a strike against them, as far as a reciprocity-based conception of desert is concerned. If we follow Knight’s analysis of the competitive system, however, so too does the alternative of leaving determination of income up to the market. (shrink)

Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal responsibility; incorporates (...) efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

This article argues that Hayek employed a neo-Roman concept of liberty. It will show that Hayek’s definition of liberty conforms to that provided by Philip Pettit and Quentin Skinner, respectively the chief theorist and leading historian of the neo-Roman concept. It will go on to demonstrate how the genealogy of liberty Hayek provides is also the same as that offered by Pettit and Skinner. This is important, as the neo-Roman concept is not regarded, either by Hayek or by neo-republicans led (...) by Pettit, as a product of political theory. Instead it is viewed as underpinning a historical tradition. Hayek’s self-conscious association with this tradition reinforces the article’s prior claim that Hayek’s conceptual writing on liberty is neo-Roman. Finally, the article considers how the neo-Roman nature of Hayek’s work complicates the historical narrative and political claims the neo-republicans make for the neo-Roman concept. It concludes that it is open to use by another, very different, political tradition: free market liberalism. (shrink)

Michael Dorf and Charles Sabel invoke John Dewey’s “pragmatist account of thought and action” as the “backdrop” for their theory of democratic experimentalism, an approach to governance emphasizing judicially monitored local decision making within a system of decentralized administrative authority. Little credit for influence is given to the Austrian economist Friedrich Hayek and his classic liberal ideas. Indeed, Sabel has been highly critical of Hayek’s ideas. Yet, an argument can be made that (i) democratic experimentalism is at least loosely Hayekian (...) and (ii) a combined Deweyan-Hayekian analysis of Dorf and Sabel’s theory reveals some critical mistakes. One implication of my analysis is that Dewey and Hayek’s ideas are more compatible than most democratic theorists and political philosophers will admit. Evidence of this compatibility opens the door for creating and evaluating democratic experiments within a Deweyan-Hayekian theoretical framework, as well as extending the framework to other areas of political inquiry. (shrink)

Abstract:In this article we first review the development of the concept of global business citizenship and show how the libertarian political philosophy of free-market capitalism must give way to a communitarian view in order for the voluntaristic, local notion of “corporate citizenship” to take root. We then distinguish the concept of global business citizenship from “corporate citizenship” by showing how the former concept requires a transition from communitarian thinking to a position of universal human rights. In addition, we link global (...) business citizenship to global business strategy and to three analytical levels of ethical norms. Finally, we trace a process whereby global businesses can implement fundamental norms and learn to accommodate to legitimate cultural differences. (shrink)

Robert Nozick addresses the idea of egalitarian redistribution in an argument standardly considered original: the “Wilt Chamberlain Argument”. However, this argument is found in David Hume's An Enquiry Concerning the Principles of Morals, first published in 1751. Placing this argument within a Humean and Hayekian, rather than a Lockean or Kantian, perspective radically changes its import for issues of economic justice. Rather than vindicating the radical individualism of Nozick and other libertarians, applied to our circumstances using Hume's conventionalist and evolutionary (...) account of justice, Hume's Wilt Chamberlain argument vindicates moderate redistribution constrained by the rule of general laws and the goal of fostering innovation and industriousness. (shrink)

This article reconsiders the work of Raymond Aron in order to explore the fracture lines that existed between conservative forms of political liberalism, as advocated by Aron, and neoliberal ideas of economic or market freedom associated with Hayek and his followers. These tensions between Aron and Hayek are analysed by assessing Aron’s involvement in the Mont Pèlerin Society and the Congress for Cultural Freedom through the 1950s, and then considering the arguments of his 1962 review of Hayek’s Constitution of Liberty (...) and his 1963 Jefferson Lectures. While Aron has been largely neglected in the existing literature on neoliberalism, it will be argued that he was the key sociological figure to engage critically with neoliberalism in its formative years and, beyond this, that the value of his work today lies in its defence of the social basis of democracy and freedom against the raw economism of neoliberal thought. (shrink)

This paper evaluates the economic assumptions of economic theory via an examination of the capitalist transformation of creditor–debtor relations in the 18th century. This transformation enabled masses of people to obtain credit without moral opprobrium or social subordination. Classical 18th century economics had the ethical concepts to appreciate these facts. Ironically, contemporary economic theory cannot. I trace this fault to its abstract representations of freedom, efficiency, and markets. The virtues of capitalism lie in the concrete social relations and social meanings (...) through which capital and commodities are exchanged. Contrary to laissez faire capitalism, the conditions for sustaining these concrete capitalist formations require limits on freedom of contract and the scope of private property rights. (shrink)

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are (...) the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property. (shrink)

A key feature of ISCT is the claim that individuals are required to comply with the norms that are "accepted by a clear majority of the community as standing for an ethical principle" [Donaldson and Dunfee, 1999, "The Ties that Bind", p. 39], so long as these norms are consistent with hypernorms. I refer to this as the communal authority thesis. Many people see the communal authority thesis as an attractive feature of ISCT, a welcome move away from the abstraction (...) of principle-based ethical theories. I argue in this article, however, that the communal authority thesis is false: we do not have a general moral obligation to comply with the accepted norms in our community. I consider and reject several defenses of the communal authority thesis, including the central arguments put forward by Donaldson and Dunfee. I go on to develop my own position, which accepts that social norms can be important from the moral point of view. However, I argue that social norms are important because they can shape the morally important features of our situation, not because we have a general obligation to comply with these norms as such. I use examples such as gift giving in Japan and the housing crisis to illustrate my position. (shrink)

Friedrich A. von Hayek influenced many areas of inquiry including economics, psychology and political theory. This article will offer one possible interpretation of the ethical foundation of Hayek's political and social contributions to libertarianism and free market capitalism by analyzing several of his important non-economic publications, primarily The Road to Serfdom, The Fatal Conceit, The Constitution of Liberty and Law, Legislation and Liberty. While Hayek did not offer a particular ethical foundation for free market capitalism, he argued consistently that free (...) markets are liberating and, for the markets to be truly free and for individuals to participate freely in markets, they should be subject to little control. Beyond some very basic principles, such as the protection of private property, that enable the free market to function properly, individuals are both free to and required to determine their own ethical compass. The central question, then, is what are the ethical principles that underlie Hayek's view of the successful organization and operation of a free market? If formal rules and regulations must be kept to a minimum, then ethical behavior is an individual choice as well as an important foundation for the self-regulating free market. This article will argue that one possible ethical foundation underlying Hayek's libertarian justification for free market capitalism are Friedrich Nietzsche's "will to power" and noble/slave ethics. This article will rely primarily on Nietzsche's On The Genealogy of Morals, Beyond Good and Evil, Zarathustra, and the Will to Power. (shrink)

The article suggests that in a modern context, where value pluralism is a prevailing and possibly, even ethically desirable interaction condition, institutional economics provides a more viable business ethics than behavioural business ethics, such as Kantianism or religious ethics. The article explains how the institutional economic approach to business ethics analyses morality with regard to an interaction process, and favours non-behavioural, situational intervention with incentive structures and with capital exchange. The article argues that this approach may have to be prioritised (...) over behavioural business ethics, which tends to analyse morality at the level of the individual and favours behavioural intervention with the individual’s value, norm and belief system, e.g. through ethical pedagogy, communicative techniques, etc. Quaker ethics is taken as an example of behavioural ethics. The article concludes that through the conceptual grounding of behavioural ethics in the economic approach, theoretical and practical limitations of behavioural ethics, as encountered in a modern context, can be relaxed. Probably only then can behavioural ethics still contribute to raising moral standards in interactions amongst the members (stakeholders) of a single firm, and equally, amongst (the stakeholders of) different firms. (shrink)

The paper reconstructs in economic terms Friedman's theorem that the only social responsibility of firms is to increase their profits while staying within legal and ethical rules. A model of three levels of moral conduct is attributed to the firm: (1) self-interested engagement in the market process itself, which reflects according to classical and neoclassical economics an ethical ideal; (2) the obeying of the "rules of the game," largely legal ones; and (3) the creation of ethical capital, which allows moral (...) conduct to enter the market process beyond the rules of the game. Points (1) and (2) position the Friedman theorem in economic terms while point (3) develops an economic revision of the theorem, which was not seen by Friedman. Implications are spelled out for an instrumental stakeholder theory of the firm. (shrink)

This paper explores the manner in which educational and political conservatives attempted to control the content and purposes of the history curriculum in English schools during the period 1987-1994. It focuses upon this particular coalition because, since the late 1970s, it has set the agenda for the debate and dominated the race to produce a history curriculum designed to help produce a particular kind of society. The paper argues that the New Right's claim to be engaging in an educational debate (...) is spurious. Rather, its concern is primarily ideological and only educational in terms of its use of history education as a vehicle through which to disseminate a specific set of values and beliefs. (shrink)

This paper, which offers a positive assessment of the role of markets in education, is a 'reply' to an earlier contribution to the Journal in which Stewart Ranson argues that markets are intrinsically flawed as a vehicle for improving educational opportunities. The 'reply', among other things, argues that Ranson fails to address the shortcomings of education under democratic control and ignores the educational benefits of authentic markets.

J. C. Nyiri has argued in a series of papers that Ludwig Wittgenstein is a conservative philosopher. In ‘Wittgenstein 1929-31: The Turning Back’ Nyiri cites Wittgenstein’s admiration for Grillparzer as well as overtly philosophical passages from On Certainty in support of that thesis. I argue, in opposition to Nyiri, that we should separate Wittgenstein’s political remarks from his philosophical remarks and that nothing Wittgenstein says in his philosophical work obviously implies a conservative viewpoint, or any other kind of political viewpoint. (...) In his philosophical work Wittgenstein was concerned with untangling conceptual confusions rather than with putting forward a political viewpoint and the two kinds of activities are quite different. There is, however, some evidence of elements of conservatism in the stances that Wittgenstein took on political issues although there is also some evidence of sympathy for left-wing views, particularly during the ‘late’ period of Wittgenstein’s work after he returned to philosophy at the end of the 1920s. Wittgenstein’s philosophical work cannot be claimed by people of any particular political persuasion as their own but it can be used to untangle philosophical problems in the work of a great variety of political philosophies. (shrink)

An influential strand in recent action-theory employs constitutivist arguments in order to present accounts of individual agency and practical identity. I argue for an extension of this framework into the interpersonal realm, and suggest using it to reassess issues in jurisprudence. A legal system is an instantiation of the solution to the inescapable tasks of self-constituting action and identity-formation in the presence of other agents. Law's validity and normativity can be enlightened when the constitutivist approach considers the external prerequisites of (...) individuals' self-conceptions qua agents. More specifically, this argumentative strategy allows a reassessment of Fuller's “internal morality of law.” Whereas, pace Fuller, morally substantive conclusions cannot be derived from formal criteria of legality, there are unconditional normative requirements that constrain law. (shrink)

ABSTRACTHélène Landemore's Democratic Reason marks a crucial achievement in democratic theory, as it successfully shows that democracy is about more than procedural legitimacy—and that it should be. Nonetheless, the procedural argument remains at the heart of the case for democracy. For many democratic decisions, getting the right answer is not what we ask of political institutions. Politics is often about defining what counts as a problem, and no single definition counts as the right one. Furthermore, the epistemic claim that democracy (...) is likely to get moral questions right can obscure the difficulty of getting moral questions exactly “right.” The best political approach to controversial questions is often to strike a balance of competing claims, and every actual democracy does this in ways that leave many citizens dissatisfied. This is why many citizens participate in democratic politics as partisans: they put more trust in their party than in the democratic regime to get it right. Partisanship fuels the never-ending democratic contest over what it means to get it right in politics, but it is also appropriately epistemic, in that it is prompted by the never-ending possibility that even democracy will get things wrong. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

En este artículo se ofrece una presentación de los aspectos centrales de la concepción del hombre de Hayek y una breve refl exión sobre ella. Primero, se expone su concepción de lo que es el hombre: un ser individualista, cuya evolución histórica conduce a la "sociedad extendida", y creador de normas y tradiciones. A continuación, se caracterizan sus principales dimensiones: la ética es heterónoma y coincide con las reglas sociales; su razón es limitada; la libertad es individual, negativa, y se (...) limita a la libertad económica y, fi nalmente, sostiene que los hombres son naturalmente desiguales. We explain the main aspects of Hayek's conception of man and its intellectual background. The Austrian thinker developed this conception on two levels. On the one hand, he proffers an idea of what man is, namely, an individualist, who evolves from "tribal society" to "extended society", and a creator of norms and traditions. On the other had, he tells how man is, he spells out his chief characters: man's ethics is heteronomous and immanent to the reproduction of society; man's intelligence is limited and his central value is freedom, economically understood. Finally, Hayek maintains that me are naturally unequal. (shrink)

A themed issue on the work of Michael Oakeshott.

In this article, we provide a broad overview of the interplay among cognition, belief systems, and institutions, and how they affect economic performance. We argue that a deeper understanding of institutions’ emergence, their working properties, and their effect on economic and political outcomes should begin from an analysis of cognitive processes. We explore the nature of individual and collective learning, stressing that the issue is not whether agents are perfectly or boundedly rational, but rather how human beings actually reason and (...) choose, individually and in collective settings. We then tie the processes of learning to institutional analysis, providing arguments in favor of what can be characterized as “cognitive institutionalism.” Besides, we show that a full treatment of the phenomenon of path dependence should start at the cognitive level, proceed at the institutional level, and culminate at the economic level. (shrink)

The article provides an overview of the basic concepts and principles of the theory of institutions as well as of the mechanisms of emergence and evolution of social institutions. It introduces a distinction between formal and informal institutions based on the the criterion of the enforcement agency of institutions. Finally it discusses the problem of path dependence.

Drawing on the built environment concept of “inclusive design” and its emphasis on creating accessible environments for all persons regardless of ability, I suggest that a central task for feminist disability theory is to redesign foundational philosophical concepts to present opportunities rather than barriers to inclusion for people with disability. Accounts of autonomy within liberal philosophy stress self-determination and the dignity of all individual persons, but have excluded people with intellectual disability from moral and political theories by denying their capacity (...) for individual autonomy, seen as a chief marker of moral personhood. This paper modifies and extends feminist theories of relational autonomy by arguing for the need to view autonomy as a feature of persons that is manifested only through relations of support, advocacy, and enablement. An “inclusively designed,” relational account negotiates the tensions encountered in attempts to apply autonomy to people with high support needs, and politicizes the concept as an advocacy tool for people with intellectual disability and their allies. (shrink)

The article is an evaluation of the economic, organizational and social theory of Luc Boltanski and Eve Chiapello’s The New Spirit of Capitalism 15 years after its publication. The role of network capitalism, state capitalism, and aesthetic capitalism in French social life is analysed. The article concludes that flexible network capitalism was largely a chimera of the 1990s and that French political and economic life today is dominated by an ailing state capitalism.

Ethical intuitionists regard moral knowledge as deriving from moral intuition, moral observation, moral emotion and inference. However, moral intuitions, observations and emotions are cultural artefacts which often differ starkly between cultures. Intuitionists attribute uncongenial moral intuitions, observations or emotions to bias or to intellectual or moral failings; but that leads to sectarian ad hominen attacks. Intuitionists try to avoid that by restricting epistemically genuine intuitions, observations or emotions to those which are widely agreed. That does not avoid the problem. It (...) also limits epistemically genuine intuitions, observations or emotions to those with meagre content, and the intuitionists offer no plausible explanation for how inference from such insubstantial propositions can engender substantial moral knowledge. Instead of moral knowledge, intuitionism offers the prospect of mutual name-calling between intellectually stagnant groups. I criticise and reject the principle of phenomenal conservatism, to which intuitionists sometimes appeal. (shrink)

In this thesis, I argue that David Hume’s political philosophy is centrally focused on the prospect of social reform. The conception of justice and politics he develops out of his theories of virtue and moral psychology stresses the pervasive effects of institutions on individuals’ abilities to live decent lives and provides criteria for determining the relative success of such institutions. While Hume’s political philosophy has been interpreted as justifying a society’s status quo, I demonstrate that the principles of merit, need, (...) and equality—commonly considered core principles of social justice—each play a vital role in his view of what constitutes a healthy, stable society. In particular, I contend that Hume’s emphasis on institutions guaranteeing equal protection of basic rights, the role of the common good in the moral justification of political institutions, and the material and social circumstances of equality that make the institution of justice possible, suggest that social reform is a central concern of his theory of justice and politics. (shrink)

Chapter. 1. Philosophical. Perspectives. on. Democracy. in. the. Twenty-First. Century: Introduction. Ann E. Cudd and Sally J. Scholz Abstract Recent global movements, including the Arab Spring, the Occupy Movement, as well as polarizing ...

This paper uses Michel Foucault’s lectures on biopolitics as a starting point for thinking historically about neoliberalism. Foucault’s lectures offer a rich and detailed account of the emergence of neoliberalism, but this account is far from complete. This paper addresses some of the blind-spots in Foucault’s lectures by focusing on the space between the decline of classical liberalism at the end of the 19th century and the subsequent attempt to develop a ‘positive’ or ‘ordo’ liberalism in post-war Germany. The primary (...) concern of this paper is to chart the emergence of a new or neo- liberalism in the writings of Ludwig von Mises and Friedrich von Hayek through the 1920s and 1930s. These writings, which are barely considered by Foucault, are important as they redefine the liberal project against the political economy of the late 19th century and, in particular, against the threat of socialism. In conclusion, it is argued that by returning to the work of Mises and Hayek it is possible to develop a critical sociology of neoliberalism, one that not only engages with the writings of these two thinkers but which also exposes the fracture lines that exist within the neoliberal project, and reconsiders the political positions that neoliberalism initially sought to reject. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

The ArgumentScience consists in progress by innovation. Scientists, however, are committed to all kinds of traditions that persist or recur in society regardless of intellectual and institutional changes. Merton's thesis about the origins of the scientific revolution in seventeenth-century England offers a sociohistorical confirmation of this revisionist view: the emergence of a highly rational scientific method out of the religious-ethical sentiments of the English Puritans implies that scientific knowledge does indeed grow out of – and not really against – customary (...) modes of thought.In tracing the intellectual origins of this view back to the religious controversy between Protestants and Catholics, the essay demonstrates that the essential conflict between them with regard to natural science stemmed from their antagonistic conceptions of tradition and its function in the production of genuineknowledge– of religious as well as of natural affairs. Whereas the Protestants believed only in those truths that are immediately revealed by God to each man through his reason, the Catholics adhered to truths that are related to men or “made” by them through culture and history. (shrink)

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

The Irish Republic's economic success story has been simultaneously regarded as antithetical to and indicative of neoliberal hegemony. The question of the neoliberal pedigree of the Irish case is explored here from the perspective of mediatized representations of political economy. The paper's argument is advanced in three distinct stages. First, it outlines a theoretical and methodological rationale for the analysis itself. Second, it formulates a summary account of neoliberalism as discourse and ideology, introducing a key analytical distinction between ‘transparent’ and (...) ‘euphemized’ neoliberal discourses. Third, it presents an empirical overview of how neoliberal assumptions are articulated through mediatized representations of political economy. The article shows how the ‘Celtic Tiger’ can be understood as a case of neoliberal hegemony, as long as it is recognised that neoliberalism is hegemonically constituted through a plurality of discursive forms and rhetorical strategies. In addition, the paper highlights the constitutive role of media representation, especially the media rhetoric of Irish political leaders, in the production and reproduction of an Irish neoliberalism. (shrink)

European constitutional traditions share a commitment to freedom of conscience and religion, but differ on their interpretation of whether such freedoms do or do not require a clear cut separation of state and church. Weiler has advocated that the writing of a Constitution for the European Union is a very apt moment to reconsider the conceptualization of freedom of conscience and religion. On constitutional and historical grounds, he has advocated that a reference to Christian values should be made in the (...) preamble of the European fundamental law, and that this will be the alternative most respectful to the pluralistic national solutions, ranging from republican non-confessionality to the establishment of an official church. But contrary to what Weiler argues, the drafting of the constitution of the European Union is not bound by the present shape of European constitutional traditions; moreover, it is hard to conclude that the present common constitutional traditions require an explicit reference to Christianity to be included in the text. Furthermore, the claim that the individual and collective identities of Europeans are unavoidably shaped by Christian values is only tenable if we uphold a rather simplistic relation between history, memory, and identity. Finally, once one moves from law and history to practical reasoning, one finds that there are good substantive reasons why our collective identity should not contain reference to Christian values. (shrink)