An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

According to T.M. Scanlon, the core idea of contractualism consists in the claim that what we are morally required to do is conceptually grounded in the value of living in “relations of mutual recognition” with others. Specifically, Scanlon's contractualist idea of “living in relations of mutual recognition with others” requires that one act only in ways that cannot be reasonably rejected by all of those affected, according to the results of a hypothetical reflection conducted within one's own mind. I claim, (...) however, that Scanlon is mistaken to rely on a single individual's hypothetical reflection (monological reflection) to determine what no one affected could reasonably reject. Instead, following Jürgen Habermas, I claim that we must engage in actual dialogue with all who stand to be affected, in order to live in relations of mutual recognition with others. (shrink)

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

This is a critical discussion of Habermas's conception of moral cognitivism. I explain how it fits in with his meta-ethical anti-realism. I place Habermas's Discourse Ethics in the broad field of analytic meta-ethics. I also look at the question of whether the Frege-Geach problem applies to Habermas's Discourse Ethics, and if so, how he should best reply.

This paper discusses the claim that citizens lack sufficient political knowledge to make sound judgements on public matters. It is contended that practical judgements raise essentially two types of claims, namely a claim to empirical truth and a claim to normative rightness, and that there are good reasons to believe that people's insufficient political knowledge undermines both of them. Yet, an examination of the dynamics of public opinion formation reveals that there is an epistemic potential in public opinion, though it (...) is dependent upon the quality of public debate. Building on this idea and on the concept of deliberative responsiveness, two paths of political reform are proposed, which should illustrate the practical implications of the theoretical argument made in this paper by demonstrating how the quality of public debate and, thus, the epistemic value of public opinion could be enhanced. (shrink)

L’article cherche à fournir une défense de la théorie discursive de la morale de Habermas contre une critique importante formulée récemment par J. G. Finlayson, lequel soutient que Habermas rejetterait ce qu’il appelle le « cognitivisme métaéthique » et qu’un tel rejet le confronterait au problème de Frege-Geach. L’article démontre en détail que cette critique est non fondée. Il montre de plus que la seule forme de cognitivisme rejetée par Habermas est le descriptivisme moral en ce que cette approche serait (...) contre-intuitive eu égard à l’usage normal de nos expressions morales. L’article cherche finalement à répondre à certaines objections majeures que les philosophes descriptivistes pourraient soulever à l’endroit de la théorie habermassienne de la morale, en particulier contre sa thèse de l’analogie entre vérité propositionnelle et justesse normative.The paper aims at providing a defence of Habermas’s discourse theory of morality against a significant criticism recently levelled by J. G. Finlayson, who maintains that Habermas would reject what he calls “metaethical cognitivism” and that such a rejection would cause him to face what has been known as the Frege-Geach problem. The paper demonstrates in detail that this claim is unfounded. It further shows that the only form of cognitivism rejected by Habermas is moral descriptivism, since this approach would be counter-intuitive as regards the normal use of our moral expressions. The paper finally seeks to respond to major objections descriptivist philosophers might raise against Habermas’s theory of morality, in particular against his analogy thesis between propositional truth and normative rightness. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

Este artículo examina el reciente debate entre J. Habermas y C. Lafont sobre la ética del discurso. Se intenta mostrar que la propuesta de Lafont de interpretar la ética del discurso como una versión del realismo moral se enfrenta a problemas difíciles de resolver dentro del marco teórico de la ética discursiva. El artículo examina en primer lugar cómo la posición de Lafont extiende al terreno de la razón práctica varias objeciones importantes contra la teoría consensual de la verdad. A (...) continuación, se critican los argumentos con que Lafont avala su realismo moral, y se concluye examinando la distinción entre consensos racionales y compromisos de intereses desde una perspectiva estrictamente procedimental. This paper analyses the recent debate between J. Habermas and C. Lafont on discourse ethics. The aim is to show that Lafont's proposal of a realist interpretation of discourse ethics must face several problems which are difficult to resolve from within the theoretical frame of discourse ethics. First of all, the paper sets out how Lafont's position extends to the field of practical reason some important objections against Habermas¿s consensus theory of truth. Subsequently Lafont's arguments in support of moral realism are criticised, and the paper concludes with an analysis of the difference between rational agreements and compromises of interests from a procedural point of view. (shrink)

When it comes to the metaethical task of explaining and making sense of what it is that we are doing while doing ethics, the subject of moral objectivity occupies an important and special place within that task. Thus, it is often agreed that being able to explain and justify the objective features of common moral practice is one of if not the most important task for any metaethical theory to undertake. In this dissertation, I tackle the issue of ethical objectivity (...) on behalf of metaethical constructivism. To be more precise, my aim is to make plausible, strengthen, and defend the constructivist original contribution to contemporary metaethics by developing a novel constructivist account on the objectivity of ethics. While the account that I develop herein presents a novel and independent approach to the subject of moral objectivity on behalf of constructivism, it also places itself between the two other positions within the constructivist camp that openly strive to secure ethical objectivity – namely Kantianism on the one hand, and the more recently developed Humean objectivist view on the other. It is for the latter reason that I call my own view the hybrid view. (shrink)

In this essay, I address several questions and challenges brought about by the contributors to the special issue on my book Democracy without Shortcuts. In particular, I address some implications of my critique of deep pluralism; distinguish between three senses of ‘blind deference’: political, reflective, and informational; draw a critical parallelism between the populist conception of representation as embodiment and the conception of ‘citizen-representatives’ often ascribed to participants in deliberative minipublics; defend the democratic attractiveness of participatory uses over empowered uses (...) of deliberative minipublics; clarify why accepting public reason constraints does not imply limiting deliberation to questions about constitutional rights, and argue that overcoming a state-centric conception of democracy does not require replacing the ‘all subjected’ principle with the ‘all affected’ principle. (shrink)

Can autonomous reasoning be shared? According to many philosophical perspectives, from Kantian ethics to libertarian theories, this question seems incoherent – the purpose of an individual being able to think rationally for herself, to determine what she finds important and advance her own ends in accordance, seems to lose its appeal if she must engage in this process jointly with others and result in having the same concerns, perspectives, and goals in common. A crucial motivation for many accounts of autonomy (...) is to safeguard the individual’s will from the influence or interference of the other, and enable her to authentically express the identity and life she freely chooses for herself. From this vantage point, what could be gained from having the capacity for autonomous reasoning be shareable? (shrink)