“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

This essay discusses Rawls distinction between the reasonable and the rational in the context of the liberal effort to establish the priority of the right over the good. It argues that inarticulacy about the good makes it difficult for Rawls to find arguments in support of a minimal conception of the reasonable overlapping consensus. The essay examines Rawls’ arguments in support of the distinction between the rational and the reasonable. The paper suggests that in terms of these arguments, the term (...) reasonable seems to be a derivative of the rational. However, this does not stop Rawls from employing that term as if the distinction has been satisfactorily made. Therefore, the philosophical work expected from the term reasonable in Rawls is more than that term is legitimately able to do. Rawls’ arguments explaining reasonable and his arguments employing the term reasonable as a virtue of citizens begin to turn on an equivocation on the use of that term. The conclusion suggests that it is possible to reconstruct Rawls so that the term reasonable can be used in a substantive normative sense without endangering the stability of the overlapping consensus. This is possible if Rawls’ conception of the moral powers of citizens can be philosophically reconstructed as forming part of the basic moral potential of citizens as persons. Such moral potential can be conceived, as prior to and independent of, a complete/partial conception of the good in terms of which that potential might find a complete or partial articulation. (shrink)

Journal of Social Philosophy, EarlyView.

Este ensayo se ocupa de discutir el renacimiento de la tradición republicana en los últimos años, particularmente gracias a pensadores como Quentin Skinner, Maurizio Viroli y Philip Pettit. Se aborda esta tradición en sus principales elementos constitutivos, a saber: 1) el concepto de república propiamente dicho; 2) el papel central de las virtudes cívicas; 3) la concepción republicana de libertad; y 4) el concepto de gobierno de las leyes. Se desarrolla, en primer lugar, un breve análisis de estos cuatros elementos, (...) al mismo tiempo que se ponen en evidencia algunos problemas históricos y teóricos. A continuación, se compara la posición de los teóricos republicanos, tanto clásicos como contemporáneos, con la propia de la tradición liberal-democrática, que, para aquéllos, constituye el principal blanco de esta polémica. Finalmente, se introduce una nueva corriente de pensamiento que los neo-republicanos dejan, curiosamente, de lado: el constitucionalismo. (shrink)

This article argues that Buddhists can consistently support autonomy as an educational ideal. The article defines autonomy as a matter of thinking and acting according to principles that one has oneself endorsed, showing the relationship between this ideal and the possession of an enduring self. Three central Buddhist doctrines of conditioned arising, impermanence and anatman are examined, showing a prima facie conflict between autonomy and Buddhist philosophy. Drawing on the ‘two truths’ theory of Nagarjuna, it is then shown that the (...) prima facie conflict can be defused by noting that the self has reality at one level, but is a fiction at another level. This approach allows us a new way of seeing autonomy as an extrinsic value—as a step in the journey towards nirvana, but of no value once one has achieved nirvana. (shrink)

There is a kernel of truth in the claim that Western, and especially Anglo-American-Australasian, normative philosophy, including that relating to the philosophy of education, is individualistic; it tends to prize properties that are internal to a human being such as her autonomy, rationality, pleasure, desires, self-esteem, self-realization and virtues relating to, say, her intellect. One notable exception is the idea that students ought to be educated in order to be citizens, participants in a democratic and cosmopolitan order, but, compared to (...) non-Western traditions, this social element is thin. What is striking about other philosophical backgrounds in the East and the South, such as sub-Saharan reflection on the proper ends of education, is that they are typically much more communitarian, and are so in ways that differ from dominant forms of communitarianism in the West. I argue that since geographical terms such as ‘Western’, ‘African’ and the like are best construed as picking out properties that are particularly salient in a region, it is fair to conclude that individualism is Western and not African, or, more carefully, that it is much more Western than it is African, and that converse remarks go for communitarianism. What this means is that, if I am correct about a glaring contrast between philosophies of education typical in the West and in sub-Saharan Africa, and if there are, upon reflection, attractive facets of communitarianism, then countries such as the UK, the US and Australia in some real sense must become less Western in order to take them on. (shrink)

This paper attempts to delineate some of the principal features and tasks of a politics of postmodernity. An attempt is made in the first part of the paper to reflect on the democratic revolutions of 1989 in Eastern Europe and to discern what lessons they might have to offer. What is called for, it is maintained, is a renewed theory of democracy and, more particularly, a reformulation of traditional liberalism. In the second part of the paper the author seeks to (...) suggest how such traditional liberal concepts as the individual, reason, universality, and freedom can be reformulated in a genuinely postmetaphysical, postmodern fashion. (shrink)

This paper is a survey of recent work on liberal-democratic civic education. The main goal is trying to offer an approach to the dilemmas of public schooling in pluralistic societies. Accordingly, these are some points to discuss: How can a liberal-democracy build a common civic identity among group based diversity? Which values could be shared by democratic citizens who are members of different religious, ethnical or linguistic communities? To sum up, this article wants to show the dificulties of public shools (...) in order to educate children in shared civic virtues. Specially, in a social context in which families and churches socializate them in their particular moral values and religious beliefs. (shrink)

Our task will be to demonstrate that there are instructive parallels between Hebrew and Buddhist concepts of self. There are at least five main constituents (skandhas in Sanskrit) of the Hebrew self: (1) nepe as living being; (2) rah as indwelling spirit; (3) lb as heart-mind; (4) bāār as flesh; and (5) dām as blood. We will compare these with the five Buddhist skandhas: disposition (samskāra), consciousness (vijñāna), feeling (vedanā), perception (samjñā), and body (rpa). Generally, what we will discover is (...) that both Buddhists and Hebrews have a 'bundle' theory of the self; both see the body as an essential part of personal identity; both overcome the modernist distinction of the inner and the outer; and both avoid language about the will as a distinct faculty. In sum, both present us with a fully somatic and nondualistic view of being human. (shrink)

Autonomy as a personal ideal presupposes a conception of the self who owns and rules in a life that exemplifies the ideal. Philosophical discussion of autonomy continues to be injuenced by the thesis that the governing core of the self resides in our capacities for disengaged rational reflection, even when the thesis is not explicitly avowed. This conception of autonomy is shown to be inadequate because it alienates us from what matters in our lives. An alternative conception of autonomy is (...) presented that accords a substantial role to rejection and choice within an autonomous life without falling preq, to the charge of alienation. Some divergent implications of the two rival conceptions of autonomy for an understanding of liberal education are examined. Finally, the question of the value of autonomy from a social perspective is briefly discussed. (shrink)

* The editorial board wishes to thank Hildegard Penn of Tilburg University for her meticulous editorial work on this issue.

This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...) I then showcase different candidate conceptions of purchase justice, and draw conclusions about the substantive commitments of justificatory reciprocity. (shrink)

Kantian constructivists accord a constitutive, justificatory role to the issue of scope: they typically claim that first-order practical thought depends for its authority on being suitably acceptable within the right scope, or by all relevant others, and some Kantian constructivists, notably Onora O'Neill, hold that our views of the nature and criteria of practical reasoning also depend for their authority on being suitably acceptable within the right scope. The paper considers whether O'Neill-type Kantian constructivism can coherently accord this key role (...) to the issue of scope while adhering to the universalist, ‘cosmopolitan’ commitments at its core. The paper argues that this is not so. On the one hand, it shows that O'Neill's attempt to ‘fix’ the scope of practical reasoning supposes, rather than establishes, a view of ethical standing and the scope of practical reasoning. On the other hand, the paper argues that Kantian constructivism should endorse a non-constructivist, perfectionist view of the good to determine that scope. The paper thereby supports the perfectionist conjecture that Kantian constructivism, in order to defend its universalist commitments, should take refuge in non-constructivist, perfectionist considerations, and that Kantian constructivism should therefore construe perfectionism as a partial, though uneasy, ally. (shrink)

I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...) people can be mistaken about their own good: First, the doctrine entails that we should sometimes allow people to unintentionally severely harm or kill themselves though we could easily stop them. Second, it entails that we should sometimes allow perfectly informed and rational people to risk the lives of themselves and others, though they are in perfect agreement with us on what reasons we have to stop them for their own good. Third, the doctrine leaves unexplained why we may benevolently coerce less competent but substantially autonomous people, such as young teens, but not adults. Last, it entails that there are peculiar jumps in justifiability between very similar actions. I conclude that as liberals we should reject anti-paternalism and focus our efforts on explicating important liberal values, thereby showing why liberty reasons sometimes override strong personal good reasons, though never by making them invalid. (shrink)

La teoría de la justicia de Rawls ha sido acusada de estar edificada sobre supuestos individualistas. Quienes realizan estas críticas asumen que una sociedad que adopte los principios y las formas de justificación rawlsianos será intrínsecamente inhóspita a la vida asociativa, al desarrollo de lógicas de pertenencia comunitaria y a los discursos de corte identitario. Este artículo se pregunta si esta acusación está debidamente fundamentada. Para ello distingue cuatro maneras en las que una teoría de la justicia puede ser considerada (...) individualista. Estas cuatro maneras son llamadas: individualismo metodológico, individualismo ontológico, individualismo ético e individualismo político. Se sostiene que no hace falta ser un individualista metodológico para ser un “rawlsiano sustantivo”, aunque sí es necesario para ser un “rawlsiano metodológico”. Luego se afirma que ni el individualismo ontológico ni el individualismo ético forman parte de los supuestos de la teoría de Rawls, pero que el individualismo político está en el corazón mismo de su teoría. (shrink)