In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

A prominent trend in moral philosophy today is the interest in the rich textures of actual human practices and lives. This has prompted engagements with other disciplines, such as anthropology, history, literature, law and empirical science, which have produced various forms of contextual ethics. These engagements motivate reflections on why and how context is important ethically, and such metaethical reflection is what this article undertakes. Inspired by the work of the later Wittgenstein and the Danish theologian K.E. Løgstrup, I first (...) describe one of the ways in which context plays a central role with regard to ethical meaning and normativity. I then examine how ‘context’ is to be defined, and finally I discuss some of the questions which arise when giving context prominence in ethics – namely, how to delimit the scope of relevant context, the relevant traits of a particular context and what ‘the ethical’ is. (shrink)

In this article, I investigate how we may include investigations of actual context in the investigation of moral problems in philosophy. The article has three main parts. The focus of the first is a survey of the dominant view of how to incorporate context into moral philosophy and to exemplify this view, I investigate examples from influential introductions to moral philosophy, identifying what I call the assumption of abstraction. In the second part I present three traditions which attribute a more (...) prominent place to context in philosophical work and which therefore offer resources for thinking about context: moral contextualism, particularism and contextualism in political philosophy. Unconvinced that these resources are sufficient for an understanding of how actual context may be of importance in philosophy, I in the third part turn to a systematic investigation of three suggestions for how to incorporate actual context onto philosophy: the application approach, the bottom-up approach and the contextual approach. Furthermore, I argue that the third and most radical approach develops a superior understanding of how to include context in moral philosophy, reflecting the impossibility of making normatively neutral investigations of context in moral philosophy. (shrink)

Empirical political theory has grown in importance. In empirical political theory, attention to data is part of the evaluative step. A concern was raised that being attentive to the content of political science data implies that such attentiveness would limit the normative contours of empirical political theory, and will create a status-quo bias. This concern has been called the ‘problem of critical distance’. One way to appraise the significance of this problem is to examine the work done by empirical political (...) theorists such as Anderson (on racial integration), Wenar (on international trade), and Carens (on immigration). All three scholars suggest radical policies that differ from existing institutions and rules. The likelihood that a theory will suffer from the problem of critical distance will depend on the type of usage of data by a given theorist, her/his normative standpoint, and the manner in which they coalesce or differ. (shrink)

In this article, we present a case for the recognition of multiple religions, arguing that states have a non-absolute duty to recognise religions which it is likely they should discharge along different dimensions and to different degrees. More concretely, we focus on several Western European states (or regions thereof), arguing that they would be more legitimate if they were to recognise an extensive range of faiths and ethno-religious groups. In order to make this argument, we deploy a method of iterative (...) contextualism, consisting of two interlocking steps which can be thought of as obverse halves of a hermeneutic circle. First we identify and describe two cross-contextual principles, which we call identification and discretionary recognition. Then we suggest how it may be shown that these principles are already present to a significant degree in Denmark, Finland and Alsace-Moselle – the three contexts with which we are particularly concerned here. This, then, is a normatively robust and contextually sensitive argument for the multidimensional recognition of religion by a state, and at the same time it explains how we apply the method of iterative contextualism. (shrink)

The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s view faces (...) several problems. The normative work in his view is mainly done by added accounts of reasonable claims and of justifiability. So, the Fair Opportunity view in itself does not provide a normative criterion. Defenses of the Fair Opportunity view must therefore turn on the theoretical preferability of its structural features. But the Fair Opportunity view has the wrong form to capture the right to freedom of religion. The form of the right to freedom of religion is due to how its point is to address how states limit the liberty of citizens. Given a practice dependent approach, which assigns importance to the point and purpose of the right to freedom of religion, Patten’s theory is thus problematic. (shrink)