There has been the recurrent suspicion that community, harmony, cohesion, and similar relational goods as understood in the African ethical tradition threaten to occlude difference. Often, it has been Western defenders of liberty who have raised the concern that these characteristically sub-Saharan values fail to account adequately for individuality, although some contemporary African thinkers have expressed the same concern. In this chapter, I provide a certain understanding of the sub-Saharan value of communal relationship and demonstrate that it entails a substantial (...) allowance for difference. I aim to show that African thinkers need not appeal to, say, characteristically Euro-American values of authenticity or autonomy to make sense of why individuals should not be pressured to conform to a group’s norms regarding sex and gender. A key illustration involves homosexuality. (shrink)

In contemporary market societies, the laws do not place individuals under enforceable obligations to aid others. Perhaps the most striking exception to this broad generalization is the practice of conscription of able-bodied males into military service, particularly in time of war. Another notable exception is the legal enforcement in some contemporary societies of “Good Samaritan” obligations — obligations to provide temporary aid to victims of emergencies, such as car accident victims. The obligation applies to those who are in the immediate (...) vicinity of the emergency and who can supply aid of great value to the victim at small risk and tolerable cost to themselves. The fact that not all contemporary societies have enacted such Good Samaritan laws underscores the point that the general rule is that individuals are under no legal obligation to help others. According to some moral views, this legal situation approximately accords with the moral fact that persons who have not voluntarily incurred obligations to aid others should not be coerced into tendering such aid. Moreover, it is worth noting that these two prominent exceptions to the tendency of legal systems to eschew enforcement of positive obligations to aid others are plausibly in everyone's ex ante interest and not notably redistributive in intent. (shrink)

The purpose of this paper is to expand the usefulness of equal opportunities legislation for females in sport by providing a philosophically based opposition toward the long history of gender stereotypes, embodied in the AEC, that currently limit its effects.

According to traditional forms of act-consequentialism, an action is right if and only if no other action in the given circumstances would have better consequences. It has been argued that this view does not leave us enough freedom to choose between actions which we intuitively think are morally permissible but not required options. In the first half of this article, I will explain why the previous consequentialist responses to this objection are less than satisfactory. I will then attempt to show (...) that agents have more options on consequentialist grounds than the traditional forms of act-consequentialism acknowledged. This is because having a choice between many permissible options can itself have value. (shrink)

My purpose in this text is to offer a general roadmap for navigating most current debates in the metaphysics of social categories regarding what sort of fact it is for a person to inhabit one social category or another—for example, what makes a person Mexican, or gay, or rich. With this goal in mind, I propose classifying the debating positions into three broad camps: common sense theories, socio-historical accounts, and performative theories. I characterise their main differences, identifying the main challenges (...) and achievements of each. I show that for persons well integrated into their categories, the differences between these three broad camps are minuscule, yet become crucial when we try to account for people not so well integrated. Then, I sketch a pluralist proposal that reconciles the three camps I have identified, while doing justice to the challenges presented by interstitial phenomena such as mestizaje, transition, passing, migration, etc. (shrink)

Critics of liberalism in the past two decades have argued that the fact that we are necessarily "situated" or "embedded" means that we can not always choose our own ends (for example, our conceptions of the good or our loyalties to others). Some suggest that we simply discover ourselves with these "connections." If correct, this would argue against (Rawlsian) hypothetical contract models and liberalism more broadly, make true impartiality impossible, and give support to traditionalist views like those of Alasdair MacIntyre, (...) Charles Taylor, and Michael Sandel. These same critics argue that liberalism's rejection or neglect of this supposed fact of our moral life has pernicious anti-social affects. I argue that the critics are wrong in both cases, defending what I call "strong voluntarism." In contrast both to recent critics of liberalism and the dominant trend in recent liberal thought, my defense of strong voluntarism allows that we can always choose to accept or reject any end we happen to have but that this does not lead to any pernicious anti-social effects. (shrink)

Some theorists, worried about liberalism’s potential as a foundation for public health ethics, suggest that republicanism provides a better background of justification for public health policies, interventions, etc. In this article, this suggestion is put to the test, and it is argued that (i) contemporary (civic) republicanism and liberalism are not nearly as opposed as it is sometimes suggested, and that (ii) the kind of republicanism which one leading scholar in the field, Bruce Jennings, as an alternative to liberalism, does (...) not reflect the contemporary understanding of republicanism as held by, e.g. Phillip Pettit et al. (shrink)

The primary concern of this essay is with the question “What is a political community?” This question is important in its own right. Arguably, the main purpose of political philosophy is to provide an account of the nature of political association and, in so doing, to describe the relations that hold between the individual and the state. The question is also important, however, because of its centrality in contemporary debate about liberalism and community.

Although Roberto Unger is sometimes described as a communitarian critic of liberalism, his recent three‐volume work on Politics disavows the major tenets of contemporary communitarianism—for example, the “embedded self,” the critique of rights, the rejection of universalizing theory. Instead, Unger's aim is to criticize liberalism from the perspective of a “superliberalism"—a perspective which takes the original liberal desire to emancipate individuals from the chains of social custom and hierarchy and rids it of the stultifying economic and political institutions within which (...) liberals have sought to contain it. Three main components of Unger's theory are analyzed: the idea of “negative capability,” or the power of individuals to revise and transcend their social contexts; the idea of an “empowered democracy,” which seeks to open up all aspects of society to the collective exercise of negative capability; and the idea of “immunity rights,” which seek to protect individuals from the potential risks of radical democracy. I argue that all three underestimate the risks to individual liberty of the over‐politicization of social life. (shrink)

Most discussions of Rawls’s philosophy tend to neglect the strong communitarian strand of his theory: so much so that in the debate between liberals and communitarians Rawls’s account of community has been for the most part intriguingly absent. This article is an attempt to fill in the gap by offering a discussion of the Rawlsian understanding of community as it was presented in A Theory of Justice and its possible implications for a pluralist society. At the same time, I want (...) to take issue with one of the most influential critiques leveled against Rawls’s conception of the self: namely, Sandel’s critique of the ‘individuated subject’ that, in his view, underlies justice as fairness. Rawls’s constructions, so Sandel argues, rest on an unencumbered self that is individuated in advance and whose identity is fixed once and for all. (shrink)

Η εύληπτη εκπαιδευτική προσέγγιση ότι «κληρονομιά είναι οτιδήποτε θέλεις “εσύ” να διατηρηθεί για τις επόμενες γενιές» κλονίζεται στην ερώτηση «όλα όσα μας παραδίδονται από τους προγόνους μας αποτελούν μια προς διαφύλαξη κληρονομιά, εφόσον “εσύ” το αποφασίσεις;». Εκφάνσεις «βαρβαρότητας» που διασώζονται σε προγενέστερες εθιμικές πρακτικές θα μπορούσαν άραγε να αποτελέσουν στοιχεία ΑΠΚ προς διαφύλαξη; Η παρούσα εργασία επιχειρεί μια πρώτη ανίχνευση του σύνθετου αυτού θέματος. Περιπτώσεις μελέτης από τον ελληνικό και διεθνή χώρο διερευνώνται με κριτήρια αξιολόγησης τα αναφερόμενα στη Σύμβαση για (...) τη Διαφύλαξη της ΑΠΚ (UNESCO, 2003). Βάσει αυτών δεν γίνονται αποδεκτές εθιμικές πρακτικές ΑΠΚ που αναζωπυρώνουν μνήμες βίαιων συγκρούσεων μεταξύ μελών κοινότητας/κοινοτήτων, αποκλείουν με βίαιο ή/και υποτιμητικό τρόπο μέλη εξαιτίας του φύλου, της ηλικίας, της επαγγελματικής ιδιότητας, ή του σεξουαλικού τους προσανατολισμού, καθώς και εθιμικές πρακτικές που περιλαμβάνουν κακομεταχείριση ή/και βασανισμό ζώων. Η εφαρμογή των παραπάνω στην πράξη παραμένει αχαρτογράφητο πεδίο. Απαραίτητες φάσεις μιας συστηματικής μελέτης αποτελούν α) η αναγνώριση και η ευαισθητοποίηση των τοπικών κοινωνιών και του ευρύτερου κοινωνικού συνόλου για τις αξίες της ΑΠΚ, β) η έρευνα, τεκμηρίωση και αξιολόγηση των επιμέρους στοιχείων της, γ) η υποστήριξη των διαδικασιών μεταβίβασής της στις νεότερες γενιές, μέσω της τυπικής και μη εκπαίδευσης, δ) η ανάδειξη της σημασίας της σε τοπική, περιφερειακή, εθνική ή/και παγκόσμια κλίμακα. Η ΑΠΚ μετεξελίσσεται και μεθερμηνεύεται διαρκώς μέσω σύνθετων κοινωνικών και πολιτισμικών διεργασιών. Απόπειρες εξαναγκασμένης «αναβίωσης» κάποιας «αυθεντικής» ή «γνήσιας» μορφής μιας έκφανσής της συχνά αποτυγχάνουν, ενώ παραμένουν μεθοδολογικά μετέωρες. Ο ρόλος της εκπαιδευτικής διαδικασίας στην ανάπτυξη σχετικών ηθικών αρχών και κριτικής σκέψης είναι κρίσιμης σημασίας. Λέξεις κλειδιά: άυλη πολιτιστική κληρονομιά, κοινότητες, αξίες, ηθικές αρχές, εκπαίδευση For educational purposes, we may claim that heritage is whatever each one of us individually or collectively wishes to preserve and pass on to the next generation. However, should violent or other disturbing forms of expression, preserved in customary practices, be safeguarded, if the whole or part of the ‘community’ decides to do so? The present paper attempts a first approach to this complex issue. Case studies from Greece and worldwide are investigated and appraised on the basis of the Convention for the Safeguarding of the ICH (UNESCO, 2003). According to the Convention criteria, customary practices that refresh memories of violent conflicts between members of the community/communities, or exclude members with an aggressive and pejorative way because of their gender, age, professional status or sexual orientation, as well as practices involving the ill-treatment and/or torture of animals do not deserve safeguarding. The implementation of the above criteria in practice, however, remains an uncharted area. A systematic study, therefore, should: (a) include initiation, recognition and awareness on the part of local communities and societies about the values of the ICH; (b) promote research, documentation and evaluation of heritage components; (c) support the transition to the younger generations through formal and non-formal educational events; (d) highlight its importance on the local, regional, national and international context. ICH is evolving and constantly interpreted through complex social and cultural processes. Any forced attempt to revive an ‘authentic’ or ‘genuine’ version of ICH cultural expression, besides appearing fake, is methodologically challenged. The role of education in developing ethical principles and a critical approach to heritage is undoubtedly crucial. Keywords: Intangible cultural heritage, communities, values, ethical principles, education. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

Critics of liberalism have argued that liberal individualismmisdescribes persons in ignoring the degree to which they aredependent on their communities. Indeed, they argue that personsare essentially socially constituted. In this paper, however, Iprovide two arguments – the first concerning communitariandescriptive claims about persons, our society, and the communitarian ideal society, and the second regarding thecommunitarian view of individual autonomy – that the communitariantheory of Alasdair MacIntyre, Charles Taylor, and Michael Sandel,relies on individuals either being independent from theircommunities or having a (...) community-independent desire. Thisis indicative of a deep contradiction in communitarian thought. (shrink)

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

The so-called liberal-communitarian debate in the 1980s was one of the most remarkable debates in Anglo-American political philosophy. While John Rawls was the most well-known thinker from the liberal camp, it can be said that Michael J. Sandel best represented the communitarian critique of Rawls' political theory. Nevertheless, for many scholars, especially liberal political theorists, Sandel's criticism of Rawls is misleading in many aspects due to his misunderstanding of Rawls' theory. This paper wants to reexamine this allegation against Sandel by (...) dealing with three objections against Sandel's criticism of Rawls claiming that Sandel misreads and misunderstands Rawls. The sociology objection interprets Sandel as saying that Rawls' conception of the person reflects a sociological account of humans. The metaphysics objection interprets Sandel as saying that Rawls' conception of the person explains a metaphysical account of humans. The private morality objection interprets Sandel as saying that Rawls' conception of the person reflects a moral ideal of humans. This paper offer a careful rereading of Sandel, and argues that he does not misread or misunderstand Rawls as his critics claim. Therefore, these three objections are misleading. (shrink)

"Sport, Tradition and Freedom" entails a philosophical examination of the relationship between traditions of rationality and understandings of freedom in sport. Chapter One introduces the ideas of freedom and virtue. Chapter Two involves a critical and historical exploration of the traditions of conservatism, liberalism and Marxism and the effects that these traditions have had on accounts of freedom in sport. Chapter Three examines the issue of freedom in sport from a social critical-formalist perspective, particularly addressing the influence that the process (...) of commodification in advanced capitalism has had on sport. It also endeavours to suggest that the virtues, as explained by Alisdair Maclntyre, are important to the protection of formal freedom in sport, from the effects of advanced capitalism. Chapter Four examines the link between the modern liberal tradition and the virtue tradition. This link is made via the ideas of self-determination and authentic social unions which both traditions share. This chapter also investigates the influence that these various traditions have had on the framing and solution to issues in sport, using the drug issue as a paradigm case. The conclusion suggests that it may be profitable to explore the rationality of less dominant traditions in society when investigating sport. Inquiry revealed that many traditions of understanding in sport rely heavily on elements from political traditions in society. Freedom in sport has been linked to conservative notions of a craft, to liberal notions of play and the independent individual and to accounts of freedom which support the dominant capitalist institutions of society. The examination by social critical theorists of the freedom of authentic social practices and the location of this freedom in the formal rules of sport, provided an alternative to these previous explanations which had located freedom in either the attitude of the player or the economic institutions of society. On the formalist view of sport, freedom is located in the pursuit of gratuitous difficulty, which the rules of sport make possible. The protection of this freedom from social abrogation involves virtue, the formation of authentic social unions, and judgement in sporting participation. The concluding chapter suggested that the protection of formal freedom and the importance of judgement and "seeing without illusion" in sport is critical to issues such as feminism, professionalism and creativity in sport. (shrink)

MacIntyre characterises liberal societies as suffering distinctive, structural forms of malaise: they are a ‘disaster’, a ‘moral calamity’, sites of ‘barbarism and darkness’. I argue that, whilst we well understand why MacIntyre thinks liberalism is false, it is unclear why this falsity should imply such moral catastrophe. I begin by motivating the question and distinguishing it from the classic liberal-communitarian debates (§§1-2). In particular, I highlight liberalism’s ability to offer ‘workarounds’, accommodating at least some of MacIntyre’s commitments and so forestalling (...) the prospect of moral disaster. I then introduce two arguments which supply the missing premises, in each case juxtaposing MacIntyre with other critics of liberalism. First, I argue that liberalism’s conception of the private sphere systematically marginalizes MacIntyre’s vision of pedagogy (§3). I compare the argument and the attendant conception of privacy with Adorno’s (§4). In §5, I introduce the second premise: I argue that liberalism espouses a conception of maturity that actively undermines MacIntyre’s model of development, subverting liberal ‘workarounds’. I contrast this claim with recent attacks on liberalism by Deneen. I close with some methodological implications: MacIntyre’s case against liberalism should be seen as a form of external, not immanent, critique. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

Among contemporary liberal political theorists in the West, there appears to be a standoff between two camps. One camp promotes tighter social bonds through collective responsibility and patriotic fellow-feeling while the other insists on the need for relaxed social bonds through respect for individual freedom. This essay shows how two Vietnamese thinkers—Ho Chi Minh (1872–1969) and Nguyen Manh Tuong (1909–1997)—can help move this intractable debate about collective responsibility and individual freedom beyond statements of principle to a more pragmatic discussion of (...) what should be done to maintain a healthy polity. They present an alternative to the static standoff, arguing that dynamic oscillation between two activities can forge national fraternal solidarity while also respecting individual freedom when the needs arise: ‘criticism and self-criticism' which tightens social bonds, and ‘liberal self-exploration' which relaxes social bonds. (shrink)

Social marketing has been established with the purpose of effecting change or maintaining people’s behaviour for the welfare of individuals and society, which is also what differentiates it from other types of marketing. However, social marketing scholars have struggled with guiding social marketers in conceptualising the social good and with defining who decides what is socially beneficial in different contexts. In this paper, we suggest that many dilemmas in identifying the social good in social marketing could be addressed by turning (...) to human rights principles, and, in particular, by following a human rights-based approach. We examine a number of cross-cutting human rights principles—namely, transparency and accountability, equality and non-discrimination, and participation and inclusion—that are capable, in a practical way, of guiding the work of social marketers. Through an illustrative case study of the anti-obesity discourse, we present how these principles might help to address some of the challenges facing social marketing, both as a theory and practice, in meeting its definitional characteristic. (shrink)

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)