A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

A close look at the rhetoric in America's recent welfare‐reform debate has both surprising and important implications for political philosophy. Political philosophers typically presume that opponents of redistribution are motivated by considerations other than equality. Recent arguments for welfare reform, however, have been formulated in a manner consistent with most contemporary egalitarian theories. This result should make us question either the political relevance of egalitarian ideals or the adequacy of those theories of equality.

Argumentation logicians have recognized a specter of relativism to haunt their philosophy of argument. However, their attempts to dispel pernicious relativism by invoking notions of a universal audience or a community of model interlocutors have not been entirely successful. In fact, their various discussions of a universal audience invoke the context-eschewing formalism of Kant’s categorical imperative. Moreover, they embrace the Kantian method for resolving the antinomies that continually vacillates between opposing extremes – here between a transcendent universal audience and a (...) context-embedded particular audience. This tack ironically restores the very external mediation they thought to obviate in their aim to ‘dethrone’ the absolutism and totalitarianism of formal logic with a democratic turn to audience adherence, the acceptability of premises and inferential links, and a contextual, or participant-relative, notion of cogency. (shrink)

Consider two cases. In Case 1, you must decide whether you save the life of a disabled person or you save the life of a person with no disability. In Case 2, you must decide whether you save the life of a disabled person who would remain disabled, or you save the life of another disabled person who, in contrast, would also be cured as a result of your intervention. It seems that most people agree that you should give equal (...) chances in Case 1: saving the life of the person with no disability would be unfair discrimination against the person with disability. Yet, in Case 2, it appears that many people believe that you are at least permitted to save straightaway the person who would have no disability after your intervention. There would be no unfair discrimination against the other person. I argue that these judgments present a puzzle for theories of resource allocation in normative ethics. The puzzle is straightforward for consequentialists: the two cases have the same outcomes, but the judgments are different. But the puzzle also presents a problem for nonconsequentialist views. After introducing the cases, I show this by reviewing a number of proposals for solving the puzzle. I argue that none of these proposals are successful. I then make my own proposal and conclude by spelling out its implications. (shrink)

Abstract: Philosophers who have addressed the problems of enduring racial injustice have been suspicious of the role played by ideal theory in ethics and political philosophy generally, and in contemporary liberal political philosophy in particular. The theoretical marginalization of race in the work of Rawls has led some to charge that ideal theory is at the very least unhelpful in understanding one of the most significant forms of contemporary injustice, and is at worst ideological in the pejorative sense. To explore (...) these concerns, I formulate five related criticisms of ideal theory and examine each as it would be applied to Rawls's political philosophy. My thesis is that the strongest criticisms—namely, that ideal theory is essentially ideological and cannot provide adequate grounds for justifying race-conscious, equality-securing measures—ultimately miss the mark. But other criticisms of ideal theory are more plausible, and most plausibly directed to an area of Rawls's thought often ignored in discussions of liberalism and race, namely, his account of citizenship and public reasoning. (shrink)

Public reason liberals disagree about the relationship between public justification and deliberative democracy. My goal is to argue against the recent suggestion that public reason liberals seek a ‘divorce’ from deliberative democracy. Defending this thesis will involve discussing the benefits of deliberation for public justification as well as revisiting public reason’s standard Rawlisan restraint requirement. I criticize Kevin Vallier’s alternative convergence-based principle of restraint and respond to the worry that the standard Rawlsian restraint requirement reduces the likelihood of public justification (...) by limiting the diversity of inputs into the justificatory process. (shrink)

This Philosophy Compass article continues the comparison between Confucian and mainstream Western views of personhood and their connection with ethics begun in Confucianism and Ethics in the Western Philosophical Tradition I: Fundamental Concepts , by focusing on the Western self conceived as an independent agent with moral and political rights. More specifically, the present article briefly accounts for how the more strictly and explicitly individualistic notion of self dominating Western philosophy has developed, leading up to a recent debate in modern (...) Western rights theory between Herbert Fingarette and Henry Rosemont, Jr., two contemporary Western philosophers who are both steeped in Confucian thought as well as moral and political philosophy. This discussion elucidates how Confucianism can be compared to, and even contrasted with some basic principles of modern Western rights theory and the more individualistic view of self they entail. In the end, a new view of personhood and "free will"? is offered that synthesizes insights from the Confucian treatment of persons as being essentially interdependent with the Western treatment of persons as being essentially independent. (shrink)

One of the distinctions that Plato in the Laws stresses most heavily in his discussion of the proper relation between the individual citizen and the laws of the city is that between persuasion and compulsion. Law, Plato believes, should try to persuade rather than compel the citizens. Near the end of the fourth book of the Laws, the Athenian Stranger, Plato's spokesman in this dialogue, asks whether the lawgiver for their new city of Magnesia should in making laws ‘explain straightaway (...) what must and must not be done, add the threat of a penalty, and turn to another law, without adding a single bit of encouragement or persuasion [παραμυθας δ κα πειθος … ν] to his legislative edicts’ . A few lines later, the Athenian Stranger himself condemns such a procedure as ‘the worse and more savage alternative’ . The better method is for the laws themselves to try to persuade the citizens to act in the manner that they prescribe. And as a means of doing this, Plato proposes attaching preludes to particular laws and to the legal code as a whole: such preludes will supplement the sanctions attached to the laws and will aim at persuading the citizens to act in the way that the laws direct for reasons other than fear of the penalties attached to the law. Such a practice, Plato believes, is an innovation: it is something that no lawgiver has ever thought of doing before . And we have no reason to think that Plato is here excluding his earlier self, e.g. the Plato of the Republic and the Politicus, from this criticism. (shrink)

Market metaphors have come to dominate discourse on medical practice. In this essay, we revisit Peter Berger and colleagues’ analysis of modernization in their book The Homeless Mind and place that analysis in conversation with Max Weber’s 1917 lecture “Science as a Vocation” to argue that the rise of market metaphors betokens the carry-over to medical practice of various features from the institutions of technological production and bureaucratic administration. We refer to this carry-over as the product presumption. The product presumption (...) foregrounds accidental features of medicine while hiding its essential features. It thereby confounds the public understanding of medicine and impedes the professional achievement of the excellences most central to medical practice. In demonstrating this pattern, we focus on a recent article, “Physicians, Not Conscripts—Conscientious Objection in Health Care,” in which Ronit Stahl and Ezekiel Emanuel decry conscientious refusals by medical practitioners. We demonstrate that Stahl and Emanuel’s argument depends on the product presumption, ignoring and undermining central features of good medicine. We conclude by encouraging conscientious resistance to the product presumption and the language it engenders. (shrink)

Suppose a primary care physician practicing in an underserved community orders a treatment for one of her indigent patients under the state’s Medicaid program.

Abstract: Forgiveness of wrongdoing in response to public apology and amends making seems, on the face of it, to leave little room for the continued commemoration of wrongdoing. This rests on a misunderstanding of forgiveness, however, and we can explain why there need be no incompatibility between them. To do this, I emphasize the role of what I call nonangry negative moral emotions in constituting memories of wrongdoing. Memories so constituted can persist after forgiveness and have important moral functions, and (...) commemorations can elicit these emotions to preserve memories of this sort. Moreover, commemorations can be a restorative justice practice that promotes reconciliation, but only on condition that the memories they preserve are constituted by nonangry negative, not retributive, emotions. (shrink)

This article considers the question ‘What makes hope rational?’ We take Adrienne Martin’s recent incorporation analysis of hope as representative of a tradition that views the rationality of hope as a matter of instrumental reasons. Against this tradition, we argue that an important subset of hope, ‘fundamental hope’, is not governed by instrumental rationality. Rather, people have reason to endorse or reject such hope in virtue of the contribution of the relevant attitudes to the integrity of their practical identity, which (...) makes the relevant hope not instrumentally but intrinsically valuable. This argument also allows for a new analysis of the reasons people have to abandon hope and for a better understanding of non-fundamental, ‘prosaic’ hopes. (shrink)

A basic challenge to naturalistic moral realism is that, even if moral properties existed, there would be no way to naturalistically represent or track them. Here, the basic structure for a tracking account of moral epistemology is given in empirically respectable terms, based on a eudaimonist conception of morality. The goal is to show how this form of moral realism can be seen as consistent with the details of evolutionary biology as well as being amenable to the most current understanding (...) of representationalist or correspondence theories of truth. (shrink)

Reconsidering Reparations is a book about global justice. Its central philosophical argument claims that a just world would be one in which everyone enjoys the capabilities that they need to relate to one another as equals; maintains that realising this vision (in the right way) would serve as reparation for the injustices of trans-Atlantic slavery and colonialism; and warns that this project is threatened by the climate crisis...

There are not one but rather two schools of thought on the environment, and its challenges. For want of better nomenclature, I shall characterize them as the watermelons and the free market environ...

Why do irrational beliefs adopt the trappings of science, to become what is known as “pseudoscience”? Here, we develop and extend an epidemiological framework to map the factors that explain the form and the popularity of irrational beliefs in scientific garb. These factors include the exploitation of epistemic vigilance, the misunderstanding of the authority of science, the use of the honorific title of “science” as an explicit argument for belief, and the phenomenon of epistemic negligence. We conclude by integrating the (...) various factors in an epidemiological framework and thus provide a comprehensive cultural evolutionary account of science mimicry. (shrink)

The paper's thesis is that dialogue is not an adequate model for all types of argument. The position of Walton is taken as the contrary view. The paper provides a set of descriptions of dialogues in which arguments feature in the order of the increasing complexity of the argument presentation at each turn of the dialogue, and argues that when arguments of great complexity are traded, the exchanges between arguers are turns of a dialogue only in an extended or metaphorical (...) sense. It argues that many of the properties of engaged back-and-forth exchanges of paradigmatic argument dialogues are not found in ‘solo’ arguments, and that at least some of the norms appropriate to the former type of argument, such as some of the pragma-dialectical rules of van Eemeren and Grootendorst's model, do not apply to the latter. (shrink)

An absolute decline in US life expectancy in low education whites has alarmed policy makers and attracted media attention. Depending on which studies are correct, low education white women have lost between 3 and 5 years of lifespan; men, between 6 months and 3 years. Although absolute declines in life expectancy are relatively rare, some commentators see the public alarm as reflecting a racist concern for white lives over black ones. How ought we ethically to evaluate this lifespan contraction in (...) low education whites? Should we care, or is it racist to care? Does it constitute an injustice or reflect justice being done? I argue that the lifespan contraction in low education whites violates key normative criteria used to make determinations of health justice, and that these judgments do not vitiate concerns about racism. I conclude with reflections on US population health policy and building an inclusive health equity movement. (shrink)

Cet article clarifie le statut de l’entreprise par rapport à la structure de base rawlsienne. Ce statut est ambigu, du fait d’incertitudes liées à la conception rawlsienne de l’entreprise ainsi qu’à sa définition de la structure de base. L’article identifie deux représentations principales de l’entreprise chez Rawls : l’une inclusiviste, qui définit l’entreprise comme une entité ontologiquement distincte de la structure de base ; l’autre constitutiviste, qui l’appréhende comme une institution susceptible d’appartenir à la structure de base. L’article recense ensuite (...) différentes interprétations de la structure de base avant d’en proposer une plus large, y intégrant notamment certaines structures informelles. Articulée à la conception institutionnaliste de l’entreprise, cette définition large de la structure de base débouche sur une représentation constitutiviste étendue de l’entreprise, permettant ainsi au libéralisme égalitaire de considérer cette dernière d’un œil plus critique. (shrink)

In the world of practical affairs the rights of individuals and the prerogatives of communities often lie in tension. Collectives pursue cultural aims at the expense of the minorities in their midst. Individuals assert their freedoms and deploy their wealth in ways that are inimical to the public interest. There is not one country in the world where some variation of this theme is not being played out. Recognizable communities clash with individuals, just as surely as other individuals do.

This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...) employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace. (shrink)

All modern democratic societies claim to be egalitarian. They do not agree, of course, about what egalitarianism demands; the ideal of equality is hardly transparent and can be plausibly understood to encompass any number of social arrangements and values. Thatsomeform of equality is to be prized, though, is uncontroversial. Indeed, it may be true that all political theories that have stood the test of time can be understood as specifying and interpreting the ideal of equality. Whether or not this is (...) true, I think it is hard to deny that democratic political philosophy can generally be understood as egalitarian in character; to know how to treat people as moral equals, on this account, is to know what justice demands of us. We are all, if this is correct, egalitarians now, however much we argue about what such a label truly demands. (shrink)

This paper proposes to test the ethical acceptability of four styles of agricultural resource management: (1) contemporary industrial integrated systems agriculture, (2) modern industrial input dependent agriculture, (3) continuous traditional agriculture and (4) non-continuous (or swidden) traditional agriculture. The test of ethical acceptability is whether or not these styles of agricultural resource management embrace or are even compatible with that pattern of practical reasoning and interaction among ethical agents which we have independent theoretic grounds for preferring. The preferred sorts of (...) practical reasoning and interaction are those which we find operating in ethical theories which are strongly committed to letting the discretion of ethical agents construct what is right for them to do. Thus the discussion distinguishes several different strengths of constructivist ethics relating them to the work of John Rawls, Immanuel Kant and Onora O'Neill. Then it argues for the theoretic preferability of one particular strength of constructivist ethic. The paper winds up by arguing that only traditional continuous agriculture embodies the preferred sort of practical reasoning and interaction among ethical agents. Further, I argue that this is the only style of agriculture which can embody such reasoning and patterns of interaction. Thus, as we consider the role of agriculture in our plans of international development, we have one reason to try to favor traditional continuous agriculture. To do otherwise would ignore the ethical superiority of the practical reasoning and patterns of interaction of traditional agriculturalists. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

ABSTRACT:Singer has recently argued that questions related to corporate governance are beyond the reach of Rawls’s political conception of justice. This is because justice applies to the basic structure of society, understood as society’s legally coercive structures, and because corporate governance cannot be considered part of this structure in political liberalism. This commentary challenges the second part of the argument. First, it suggests that the criterion used to exclude corporate governance from the basic structure—whether employees can exit economic organizations—is not (...) conclusive for corporate governance, notably as institutionalized in corporate law. Second, even if the focus were on corporate governance, it would still be possible to argue that it legally coerces citizens, if not employees, in a relevant way. Thus, the argument is not successful in demonstrating that political liberalism goes beyond its legitimate boundaries when considering that aspects of corporate governance may be matters of justice. (shrink)

Conceptual analysis is an integral part of legal theory, but the nature and purpose of such inquiries are often not clearly stated. In this article, I attempt to elaborate upon some of the differing reasons for conceptual analysis and what consequences may follow from choosing one objective rather than another. By showing that divergent purposes are often present in competing analyses of the same concept, I also hope to indicate why some “debates” in the jurisprudential literature are best understood as (...) theorists talking past one another. (shrink)

Standard Analytic Epistemology (SAE) names a contingently clustered class of methods and theses that have dominated English-speaking epistemology for about the past half-century. The major contemporary theories of SAE include versions of foundationalism, coherentism, reliabilism, and contextualism. While proponents of SAE don’t agree about how to define naturalized epistemology, most agree that a thoroughgoing naturalism in epistemology can’t work. For the purposes of this paper, we will suppose that a naturalistic theory of epistemology takes as its core, as its starting-point, (...) an empirical theory. The standard argument against naturalistic approaches to epistemology is that empirical theories are essentially descriptive, while epistemology is essentially prescriptive, and a descriptive theory cannot yield normative, evaluative prescriptions. In short, naturalistic theories cannot overcome the is-ought divide. Our main goal in this paper is to show that the standard argument against naturalized epistemology has it almost exactly backwards. (shrink)

Abstract:Discussions of the ethics of advertising have been based on a general distinction between informative and persuasive advertising without looking at specific techniques of persuasion. Self-identity image ads persuade by presenting an image of an idealized person-type such as a “beautiful” woman (Chanel) or a sexy teen (Calvin Klein). The product becomes a symbol of the ideal, and target consumers are invited to use the product to project the self-image to themselves and others. This paper argues that image ads are (...) not false or misleading, and that whether or not they advocate false values is a matter for subjective reflection. Image ads can undermine a consumer’s self-esteem by collectively omitting images authentic for that sort of person (such as large women), and by combining impossible images with implied gaze. Image ads generally do not undermine autonomy of choice, internal autonomy, or social autonomy. It is concluded that image advertising is a basically ethical technique, but several recommendations are given on how use of image advertising can avoid specific harms. (shrink)

Detrás del velo del derecho positivo. Sobre Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi, por Massimo La Torre En su última obra –Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi-– Massimo La Torre sostiene una tesis muy precisa: si no queremos que el derecho sea sólo violencia organizada, es oportuno distanciarse del positivismo jurídico. El riesgo, sin embargo, es que el antipositivismo acabe “tirando el bebé con el agua de (...) la bañera”. El derecho moderno, de hecho, toma forma en la dialéctica entre la moral y el poder, entre lo que se decide y quién decide, en términos habermasianos: entre la “legitimidad” y la “positividad”. No es en absoluto seguro que esta dialéctica pueda conciliarse practicando únicamente el positivismo jurídico, sobre todo si esto aplasta la “legitimidad” sobre la “positividad”. Pero incluso un antipositivismo que se incline demasiado por la moral, por lo que se decide, en definitiva por la “legitimidad" solamente, acabaría cayendo en un error exactamente igual y opuesto al del positivismo. (shrink)

Moral philosphy, in both the Kantian and Utilitarian traditions, has it as an ideal to provide a set of principles which dominate all other considerations and which will consistently resolve all moral problems. This is often taken to imply that guilt or remorse is irrational if it occurs in circumstances in which one does ones duty but also harms others. This essay explores the possibility of giving up this ideal in favor of a more complex view of morality in which (...) resolutions of conflict are worked out affectively rather than logically. (shrink)

It has often been suggested that technology carries values and biases embedded in it. This paper is an examination of the relation between computer technology and the incorporation of values and biases. The social complexity of this issue tends to be underexposed. Suggestions are presented for a more comprehensive understanding.

In this paper, I argue that so called “systematic critiques” of the liberal conception of law in Catherine MacKinnon and Critical Race Theory which have traditionally been seen to reject liberalism should really be understood as subjecting the liberal conception of law as impartial and just to an immanent critique. Critical Race Theory and MacKinnon both seek to unmask the seemingly neutral subject which authorizes law as in reality a hegemonic and oppressive subject. They also employ the tools of liberalism, (...) demanding justice and equal protection under the law. I argue that the apparent contradiction of their demands can be understood by seeing the subject itself as combining these contradictions at the level of the relation between the unconscious and consciousness. The ego strives for rational self‐organization while the unconscious contains sedimented socially transmitted prejudice. There is thus room within both for the struggle for freedom and justice espoused by liberalism at the conscious level as well as for the unconscious perpetuation of prejudice and domination. I conclude that MacKinnon’s work and that of CRT show that liberalism must not be abandoned as post‐structuralism does, but that liberals is in fact aided by its critics. (shrink)

Neutralists have argued that there is something illiberal about linking access to gift-like resources to work requirements. The central liberal motivation for basic income is to provide greater freedom to choose between different ways of life, including options attaching great importance to non-market activities and disposable time. As argued by Philippe Van Parijs, even those spending their days surfing should be fed. This article examines Van Parijs' dual commitment to a ‘real libertarian’ justification of basic income and the public enforcement (...) of a strong work ethos, which serves to boost the volume of work at a given rate of taxation. It is argued (contra Van Parijs) that this alliance faces the neutrality objection: the work ethos will largely offset the liberal gains of unconditionality by radically restricting the set of permissible options available. A relaxed, non-obligatory ethos might avoid this implication. This view, however, is vulnerable to the structural exploitation objection: feasibility is achieved only because some choose to do necessary tasks to which most people have the same aversion. In light of these objections, the article examines whether there is a morally untainted feasibility path consistent with liberal objectives. (shrink)

A growing number of bioethics papers endorse the harm threshold when judging whether to override parental decisions. Among other claims, these papers argue that the harm threshold is easily understood by lay and professional audiences and correctly conforms to societal expectations of parents in regard to their children. English law contains a harm threshold which mediates the use of the best interests test in cases where a child may be removed from her parents. Using Diekema9s seminal paper as an example, (...) this paper explores the proposed workings of the harm threshold. I use examples from the practical use of the harm threshold in English law to argue that the harm threshold is an inadequate answer to the indeterminacy of the best interests test. I detail two criticisms: First, the harm standard has evaluative overtones and judges are loath to employ it where parental behaviour is misguided but they wish to treat parents sympathetically. Thus, by focusing only on ‘substandard’ parenting, harm is problematic where the parental attempts to benefit their child are misguided or wrong, such as in disputes about withdrawal of medical treatment. Second, when harm is used in genuine dilemmas, court judgments offer different answers to similar cases. This level of indeterminacy suggests that, in practice, the operation of the harm threshold would be indistinguishable from best interests. Since indeterminacy appears to be the greatest problem in elucidating what is best, bioethicists should concentrate on discovering the values that inform best interests. (shrink)

Although dignity figures prominently in modern ethical discourse, and in the writings of moral and political philosophers writing today, we still lack a clear account of how the concept of dignity might be implicated in various forms of moral reasoning. This essay tries to make progress on two fronts. First, it attempts to clarify the possible roles the concept of dignity might play in moral discourse, with particular reference to Hart's distinction between positive and critical morality. Second, it offers a (...) new typology of dignity concepts and mobilizes it to, on the one hand, criticize some familiar construals of and, on the other, to advertise the possible virtues of an unfamiliar way of thinking about dignity as a moral concept. (shrink)

This article underlines and draws attention to critical insights that Esposito makes regarding the prospects of rethinking community in a globalized world. Alongside Agamben and Nancy, Esposito challenges the property prejudice found in mainstream models of community. In identity politics, collective identity is converted into a form of communal property. Borders, sovereign territories, and exclusive rights are fiercely defended in the name of communal property. Esposito responds to this problem by developing what I call a “deontological communal contract” where being (...) and ethics are prioritized over having and economics. I examine this new perspective on community in relation to mainstream models found in contemporary and classical social theory. (shrink)

In this paper, I argue for two claims. The first is that all social and political thinking lies along a continuum and that the structure of each thought along the continuum is that of a basic desire for self-determination. Self-determination, I argued, occurs in a variety of ways including, importantly, at a variety of levels of intention. On the one hand, there are the relatively unreflective ways of understanding oneself as autonomous. I attributed this way of thinking of the Neo-Aristotelian (...) conception of practical reason which is characteristic of conservatism. On the other side of the continuum, there is a rigoristic version of Kantian moral philosophy in which, to be autonomous, one must act exclusively from duty or from purely economic motivation. The second claims is that populism can be understood as a clash between different practical conceptions of autonomy which are brought into conflict as a result of the process of modern rationalization. This clash can, I argued, be clarified and also alleviated by appreciating that what the values which stand opposed in the “us vs. them” of populism and liberalism are based on a fundamentally similar conception of the value of autonomy but have come into conflict by sometime contingent historical processes which can be undone or steered in a different direction. (shrink)

In this paper, I argue for two claims. The first is that all social and political thinking lies along a continuum and that the structure of each thought along the continuum is that of a basic desire for self-determination. Self-determination, I argued, occurs in a variety of ways including, importantly, at a variety of levels of intention. On the one hand, there are the relatively unreflective ways of understanding oneself as autonomous. I attributed this way of thinking of the Neo-Aristotelian (...) conception of practical reason which is characteristic of conservatism. On the other side of the continuum, there is a rigoristic version of Kantian moral philosophy in which, to be autonomous, one must act exclusively from duty or from purely economic motivation. The second claims is that populism can be understood as a clash between different practical conceptions of autonomy which are brought into conflict as a result of the process of modern rationalization. This clash can, I argued, be clarified and also alleviated by appreciating that what the values which stand opposed in the “us vs. them” of populism and liberalism are based on a fundamentally similar conception of the value of autonomy but have come into conflict by sometime contingent historical processes which can be undone or steered in a different direction. (shrink)

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to such (...) an account—that it undermines sincerity in public reason, that it underestimates the importance of shared values, and that it is insufficiently deliberative—and argue that convergence justifications are resilient to these objections. They should therefore be included within a theory of political liberalism, as a legitimate form of public justification. This has important implications for the obligations that political liberalism places upon citizens in their public deliberations and reason-giving, and might make the theory more attractive to some of its critics, particularly those sympathetic to religious belief. (shrink)