The goal of this dissertation is to specify the feasibility conditions of compromise. More specifically, the goal of this dissertation is to specify the conditions of increasing the feasibility of compromise. The underlying assumption here is that feasibility is a scalar concept, meaning that a socio-political ideal can be feasible to different degrees (Lawford-Smith 2013). In order to specify the conditions of increasing the feasibility of compromise, it is necessary to first identify potential feasibility constraints. The main chapters of this (...) dissertation are devoted to this task. -/- My research identifies two kinds of feasibility constraints that compromise potentially faces: A psychological feasibility constraint on realizing moral compromise (i.e. compromise on moral issues) and a structural feasibility constraint on realizing fair compromise. The psychological feasibility constraint consists in what I call an “affective aversion” to compromise. Affective aversion designates a deep emotional reluctance to compromise on moral values, which, I propose, can be reduced by cultivating an affective attitude of respect for other persons. The structural feasibility constraint refers to the process through which a compromise is achieved. I argue that if a fair compromise is the goal, the process of compromising needs to be based on deliberation rather than on the negotiation or bargaining processes that are commonly associated with compromise. Based on these results, my research indicates a) that an affective cultivation of respect is a condition for increasing the feasibility of moral compromise; and b) that deliberation, not negotiation or bargaining, is a condition for increasing the feasibility of fair compromise. (shrink)

J. S. Mill and the Art of Compromise The word compromise means a kind of agreement and a concession to something harmful or wrong. I argue that particularly this second sense is quite relevant in the ethics of political action. John Stuart Mill focused upon this issue in his Thoughts on Parliamentary Reform 1859. I outline Mill's doctrine on compromise looking at the external and internal features of an acceptable measure of compromise. These features provide a set of conditions necessary (...) in order for compromise to take place, but they do not guarantee sufficient conditions. In order to assess Mill's political coherence and to draw a general distinction between strategic and ethical compromises the paper concludes by considering two compromise measures that Mill adopted while he was a Member of Parliament. (shrink)

The agonistic vs. epistemic dichotomy is fairly widespread in contemporary democratic theory and is endorsed by scholars as outstanding as Luis Felipe Miguel, Chantal Mouffe, and Nadia Urbinati. According to them, the idea that democratic deliberation can work as a rational exchange of arguments that aims at truth is incompatible with the recognition of conflict as a central feature of politics. In other words, the epistemic approach is bound to obliterate the agonistic and conflictive dimension of democracy. This article takes (...) this dichotomized way of thinking to task by reconstructing the association between democracy and compromise made by John Stuart Mill, John Morley, and Hans Kelsen. It concludes that the conceptualization of democracy as compromise offers an alternative to the agonistic vs. epistemic divide that disconcerts a significant part of political philosophy today. (shrink)

The purpose of this article is to offer guidelines to deal with hard choices, specifically in situations where some compromise among opposing values is inescapable. The guidelines are intended to help ethicists and practitioners to delineate different alternatives and to dismiss some of them as morally unacceptable. This article explores the view that compromises arise from negotiations but from ethical predicaments as well. For this reason, I distinguish between strategic and moral compromises. Both managers and employees are individual moral agents (...) who have to confront the possibility of unpalatable and even disgusting compromises, so that they are forced to put their integrity into risk in certain compromise situations. However, I shall argue for the possibility of palatable moral compromises. The guidelines to cope with those situations and to identify the unpalatable compromises are based on J. S. Mill's moral philosophy. Mill suggested that half-measures passed in Parliament must have certain key elements to be morally acceptable. I make use of this doctrine to put forward compromise guidelines in the form of a set of hallmarks, internal and external elements of palatable compromises. Two minicases are used to test the guidelines and to emphasize the importance of compromises for ethical decision making and commitment to company. (shrink)

In his book, A Theory of Truces, Nir Eisikovits offers a perceptive and timely ethics of truces based on the claim that we need to reject the ‘false dichotomy between the ideas of war and peace’ underpinning much current thought about conflict and conflict resolution. In this article, I concur that truces and ‘truce thinking’ should be a focus of concern for any political theory wishing to address the realities of war. However, Eisikovits’s account, to be convincing, requires engagement with (...) a tradition of thought figuring only marginally in his reflections on truces, that is, just war theory. I argue this for three reasons. Without incorporation of the just war principles that should inform the decisions to enter conflict, to maintain conflict, and to cease conflict, any theory of truces will be, first, normatively inadequate, failing to provide us with requisite direction, and, second, open to the charge of permitting intolerable injustices, a charge Eisikovits wishes to avoid. Third, engagement with just war theory is important for arriving at a nuanced understanding of peacemaking, one which grants truces their place in our deliberations and spurns simplistic ‘war versus peace’ binaries whilst keeping more ambitious ideals of peace firmly in sight. (shrink)

Demokratien geraten zunehmend unter Druck. Dabei wird die Bedeutung von Demokratie selbst zum Gegenstand der Auseinandersetzung. Diese Auseinandersetzungen nimmt der vorliegende Band zum Anlass, die Bedeutung von Demokratie grundsätzlich zu untersuchen. Mit dem Begriff der Konstituenzien sind dabei jene wesentlichen Bedingungen gemeint, die Demokratie ausmachen. Die meisten dieser Bedingungen sind normativ. Was Demokratie ist, wird auch und gerade dadurch bestimmt, was Demokratie sein sollte. Damit geht es um jene Normen, deren Verwirklichung politische Praktiken zu demokratischen Praktiken macht. Sind diese Normen (...) nur eingeschränkt verwirklicht, mindert sich der demokratische Gehalt von Politik. Inwieweit ist dann nun aber eigentlich der Fall? Und was können wir dagegen tun? Antworten auf diese Fragen geben einschlägige Vertreterinnen und Vertreter aus Philosophie, Politik- und Rechtswissenschaft. (shrink)

Many philosophers appeal to the “fallacy of approximation”, or “problem of second best”. However, despite the pervasiveness of such appeals, there has been only a single attempt to provide a systematic account of what the fallacy is. We identify the shortcomings of this account and propose a better one in its place. Our account not only captures all the contexts in which approximation-based reasoning occurs but also systematically explains the several different ways in which it can be in error.

Recently several political theorists have argued that mainstream political theory, exemplified by John Rawls’ political liberalism, is based on such idealist and moralist presuppositions, that it cannot be relevant for real politics. This article aims to show that the criticism of these ‘realists’, as these critics are referred to, is based on an incorrect reading of Rawls’ work. The article explains that there are three ways in which his political liberalism can be said to offer a realist understanding of politics: (...) (a) political liberalism interprets the morality inherent in engaging in politics; (b) it acknowledges reasonable disagreement about justice; and (c) it develops standards of public reason, with which to assess the legitimacy of political compromises. The article recovers the realism of political liberalism and indicates new sites of discussion between political liberals and political realists. (shrink)

There seem to be obvious virtues to keeping a sense of balance. In this paper, I consider some examples from ordinary life and education where the pursuit of balance would appear to be a benefit. Yet I also draw upon lines of thinking from John Stuart Mill and Adam Phillips to examine whether the apparent good sense of balance can be disturbed. I show how Mill's and Phillips’ ideas extend into a consideration of the aesthetics of balance and the idea (...) that there might be something deceptively alluring about balance. I seek to develop these lines of thinking in relation to a work of modernist literature that works to dissipate balance's beguiling allure. (shrink)

Our societies are marked not only by disagreements on the good life, but also by disagreements on justice. This motivates philosophers as divergent as John Gray and Chandran Kukathas to focus their normative political theories on peace instead of justice. In this article, I discuss how peace should be conceived if peace is to be a more realistic goal than justice, not presupposing any moral consensus. I distinguish two conceptions of peace to be found in the literature. One, ordinary peace, (...) conceives of peace as non-violent coexistence based on modus vivendi arrangements. Modus vivendi arrangements, in turn, are explained as a special kind of compromise. Ordinary peace does not presuppose any moral consensus and is therefore realistic, but at the same time it is too minimalist and undemanding to be satisfying. The other conception of peace, ambitious peace, can be found in Kukathas’s work. It is a conception of peace ‘beyond compromise’, not minimalist and undemanding, but, I will argue, not realistic because presupposing at least a second-order moral consensus. In the end, I advocate a division of labour between both conceptions of peace under the umbrella of an overarching ideal of peace. (shrink)

It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...) can gain from an agreement and relative to how much they would lose without an agreement. To find out whether reaching a fair compromise sometimes is a moral desideratum, I discuss several paradigmatic cases in friendships, economics and politics, and I try to show that even when the parties have moral reasons to refrain from trying to maximize utility in the negotiations, they do not have moral reasons to aim at a fair compromise. My second claim is that we are sometimes morally obligated to try to establish unfair compromises, in particular when we are dealing with parties that try to establish morally very bad political arrangements. In such cases, we should try to concede as little as possible to achieve an outcome that is morally acceptable. Fair compromises, in other words, are morally much more dubious than is usually appreciated. (shrink)

Talk of harm reduction has expanded horizontally, to apply to an ever-widening range of policy domains, and vertically, becoming part of official legal and political discourse. This expansion calls for philosophical theorization. What is the best way in which to characterize harm reduction? Does it represent a distinctive ethical position? How is it best morally justified, and what are its moral limits? I distinguish two varieties of harm reduction. One of them, technocratic harm reduction, is premised on the fact of (...) non-enforceability of prohibitionist policies. The second, deliberative harm reduction, is premised on the fact of reasonable disagreement, grounded in the fact that reasonable persons disagree about a range of controversial behaviours. I argue that deliberative harm reduction better accounts for some of harm reduction’s most attractive features, and provides a plausible way of accounting for harm reductions’s justificatory grounds and limits. (shrink)

People evolved as part of an ecosystem, making use of the Earth’s bounty without reflection. Only when our ancestors developed the capacity for moral agency could we begin to reflect on whether we had taken in excess of our due. This outlines a ‘green libertarianism’ in which our property rights are grounded in fundamental ecological facts. It further argues that it is immune from two objections levelled at right- and left- libertarian theories of acquisition: that Robert Nozick, without justification, divided (...) people into those who were able to acquire unowned resources, and those would could not; and, that left-libertarian attempts, such as Hillel Steiner’s, to separate choice from circumstance cannot account for the fact that not only people’s decisions to have children, but even their decisions to continue living, affect people’s entitlements to use the natural world. (shrink)

The purpose of this paper is to show the pervasive, though often implicit, role of arguments in negotiation dialogue. This holds even for negotiations that start from a difference of interest such as mere bargaining through offers and counteroffers. But it certainly holds for negotiations that try to settle a difference of opinion on policy issues. It will be demonstrated how a series of offers and counteroffers in a negotiation dialogue contains a reconstructible series of implicit persuasion dialogues. The paper (...) is a sequel to van Laar and Krabbe, in which we showed that for some differences of opinion it may be reasonable to shift from persuasion dialogue, aimed at a resolution of the difference on the merits, to negotiation dialogue, aimed at compromise, whereas in the present paper we show that such a shift need not amount to the abandonment of argumentation. Our main aim in this paper as well as in the previous one is to contribute to the theory of argumentation within the context of negotiation and compromise formation. (shrink)

Negotiation is not only used to settle differences of interest but also to settle differences of opinion. Discussants who are unable to resolve their difference about the objective worth of a policy or action proposal may be willing to abandon their attempts to convince the other and search instead for a compromise that would, for each of them, though only a second choice yet be preferable to a lasting conflict. Our questions are: First, when is it sensible to enter into (...) negotiations and when would this be unwarranted or even fallacious? Second, what is the nature of a compromise? What does it mean to settle instead of resolve a difference of opinion, and what might be the dialectical consequences of mistaking a compromise for a substantial resolution? Our main aim is to contribute to the theory of argumentation within the context of negotiation and compromise formation and to show how arguing disputants can shift to negotiation in a dialectically virtuous way. (shrink)

Today, in a Western secular context, the affective phenomenon of religious zeal is often associated, or even identified, with religious intolerance, violence, and fanaticism. Even if the zealots’ devotion remains restricted to their private lives, “we” as Western secularists still suspect them of a lack of reason, rationality, and autonomy. However, closer consideration reveals that religious zeal is an ethically and politically ambiguous phenomenon. In this article, I explore the question of how this ambiguity can be explained. I do so (...) by drawing on Paul Ricœur’s theory of affective fragility and tracing back the ambiguity of religious zeal to a dialectic inherent to human affectivity and existence itself. According to Ricœur, human affectivity is constituted by the two poles of vital and spiritual desires which are mediated by the thymos. As I show, this theory helps us to understand that religious zeal as a spiritual desire is neither plainly good nor plainly bad, but ambiguous. Moreover, it enables us to acknowledge the entanglement of abstraction and concretion that is inherent to the phenomenon of religious zeal. Finally, this theory helps us to understand why religious zeal, as one possible expression of the human quest for the infinite, is both a promise and a threat. In conclusion, human existence is tragic not in that we necessarily fail, but in that no matter which path we take with regard to our spiritual desires—that of affirmation, rejection, or moderation—we are and remain fallible. (shrink)

Public discourse and theoretical literature currently show controversy on the value of political compromise: some oppose it, others welcome it, and on both sides, arguments differ. The different positions in these debates on compromise build on particular understandings of what politics is all about (four understandings are distinguished: Pragmatist, Principled, Agonist and Deliberative). These understandings oppose one another and are even mutually exclusive. An encompassing position that combines elements from these different approaches is needed to bring us beyond this situation (...) of controversy and take the debate on compromise a step further. In this paper, I show that Paul Ricoeur’s understanding of politics and of the role of compromising therein offers such a perspective. His work combines elements of the different positions, provides an understanding of compromise and implies lessons for compromising. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, I (...) will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant to approaches rooted in Hegel. In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

In this paper I argue that we need to analyze ‘religious violence’ in the ‘post-secular context’ in a twofold way: rather than simply viewing it in terms of mere irrationality, senselessness, atavism, or monstrosity – terms which, as we witness today on an immense scale, are strongly endorsed by the contemporary theater of cruelty committed in the name of religion – we also need to understand it in terms of an ‘originary supplement’ of ‘disengaged reason’. In order to confront its (...) specificity beyond traditional explanations of violence, I propose an integrated phenomenological account of religion that traces the phenomenality of religion in terms of a correlation between the originary givenness of transcendence and capable man’s creative capacities to respond to it. Following Ricœur, I discuss ‘religious violence’ in terms of a monopolizing appropriation of the originary source of givenness that conflates man’s freedom to poetically respond to the appeal of the foundational with the surreptitiously claimed sovereignty to make it happen in a practical transfiguration of the everyday. (shrink)

Deontologists often assume that ethical constraints hold ‘come what may’ but that violations of the constraints can be excused or pardoned. Vinit Haksar has argued for pardon as deontologically appropriate mitigation for the violation of deontological constraints. However, the reasons he adduces against excuse are inconclusive. In this paper, I show how complex the question of excuse versus pardon for deontological transgressions is. Liability for the development of character traits and the assumption of agent-centered responsibility have to be taken into (...) account before the possibility of pardon can be identified as appropriate deontological softener for strict constraints. (shrink)

We are all ambivalent at every turn. “Should I skip class on this gorgeous spring day?” “Do I really want to marry Eric?” Despite being uncomfortable and unsettling, there are some forms of ambivalence that are appropriate and responsible. Even when they seem trivial and superficial, they reveal some of our deepest values, the self-images we would like to project. In this paper, I analyze collaborative ambivalence, the kind of ambivalence that arises from our identity-forming close relationships. The sources and (...) resolutions of collaborative ambivalence reveal how much of our thinking—and so also of our motivational structure—emerges from the details of our collaborative and dialogical engagements. The imaginative skills and strategies exercised in remaining justifiably of two minds—of preserving appropriate ambivalence—are central to practical reasoning. Because these skills provide models for addressing conflicts in the public sphere, because they prompt shared deliberation, they are among the civic virtues. (shrink)

My aim in this paper is to characterize the professional good served by the humanities as various academic disciplines, particularly in relation to the general academic good, namely, the pursuit of knowledge in theoretical and scholarly research, and to evaluate the public and ethical dimension of that professional good and the constraints it imposes upon practitioners. My argument will be that the humanities aim at both knowledge of objective facts and acknowledgement of the human status of their subject matter, and (...) that there are facts about human life and society that are inaccessible except through such humanistic acknowledgement. As such, the humanities require the adoption of evaluative, other-oriented points of view, and they serve the public by advancing a reflective view of the very conditions of the public’s own constitution. In short, the humanities incorporate the view that practical and evaluative wisdom is not only essential for the full pursuit of truth, but that it is also an essential public good in any well-ordered society, especially in contemporary democracies. The discussion proceeds by examining various examples of both the professional and the public good in question, and focuses particularly on cases of excessive acknowledgement in the form of uncritical apologetics and excessive objectification in various forms of reductionism. (shrink)

Processes of transitional justice deal with large-scale wrongdoing committed during extended periods of conflict or repression. This paper discusses three common moral objections to processes of transitional justice, which I label shaking hands with the devil, selling victims short, and entrenching the status quo. Given the scale of wrongdoing and the context in which transitional justice processes are adopted, compromise is necessary. To respond to these objections, I argue, it is necessary to articulate the conditions that make a compromise principled. (...) I defend three criteria that distinguish principled from unprincipled compromises. (shrink)

Instrumentalism about moral compromise in politics appears inconsistent with accepting both the existence of non-instrumental or principled reasons for moral compromise in close personal friendships and a rich ideal of civic friendship. Using a robust conception of political reconciliation during democratic transitions as an example of civic friendship, I argue that all three claims are compatible. Spouses have principled reasons for compromise because they commit to sharing responsibility for their joint success as partners in life, and not because their relationship (...) involves strong affective attitudes of goodwill, solidarity, trust, and the like. Since shared responsibility for ends is an inappropriate element in the political relationship between citizens, the members of a divided society may manifest the constitutive attitudes of political reconciliation without any commitment to principled reasons for moral compromise. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

This paper critically examines John Mark Mattox's view of the nature of the moral appropriateness of particular response options. By so doing, I aim to engage the wider readership in a debate, which I hope leads to greater clarity and precision of thinking on these topics. After summarizing Mattox's view, I argue first that in order for Mattox's ultimate conclusion to hold in moral terms, he must abandon the argument on the permissibility of nuclear reprisal to re-establish nuclear deterrence and (...) instead anchor this response solely on the moral grounds of retributive justice. Secondly, I argue that the morally superior and politically efficacious counter-nuclear terrorist response is to hunt down the nuclear terrorists and hold them accountable for war crimes in the International Criminal Court. This response is consistent with just war theoretic principles, and it also affirms the moral virtues of honor, dignity, and humane treatment in contexts where they are needed the most? the holocausts of nuclear terrorist attacks. (shrink)

I argue in this paper that the process of compromising needs to be deliberative if a fair compromise is the goal. More specifically, I argue that deliberation is structurally necessary in order to achieve a fair compromise. In developing this argument, this paper seeks to overcome a problematic dichotomy that is prevalent in the literature on deliberative democracy, which is the dichotomy between compromise and deliberation. This dichotomy entails the view that the process preceding the achievement of a compromise is (...) essentially a process of negotiating or bargaining, which, I claim, should not be the case if a fair compromise is the goal. The reason for this claim is, in a nutshell, that negotiation or bargaining processes do not provide for an in-depth understanding of the reasons that each party has for holding their respective position. However, an in-depth understanding of each other’s reasons, is, as I will show, a necessary condition for achieving a fair compromise. In contrast to negotiation or bargaining, the deliberative process, by its very structure, provides for mutual understanding and is therefore a necessary condition for achieving a fair compromise. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Von der Mehrzahl der Dimensionen kollektiver Identität erkundet diese Arbeit die Identität als rhetorisches Werkzeug. Die Identitätsmarke steht für einen für die pragmatische Effektivität relevanten Fall. Um eine solche Macht zu erläutern, wird ein hypothetisches Modell der Identitätskategorien dargeboten. Dessen Bestandsmodule formen vier Basisdimensionen: Position, Entindividualisierung, Ausschließung sowie kognitive Abschirmung. Eine so deskribierte narrative Identität wird zum Äquivalent der informellen Ideologie . Als konstitutive Rhetorik überführt die narrative Identitätskonstruktion die selbstreferenzielle Tautologie in die Strategien der Diskriminierung, Säuberung und Ausrottung der (...) Anderheitsvertreter. Die Massenvernichtungen des zurückliegenden Jahrhunderts – Totalitarismus, Kolonialismus, Ethnonationalismus – sind Fabrikate des Identitätsparadigmas. (shrink)

El artículo defiende que los compromisos son tanto un tipo de acuerdo como un tipo de decisión. Los principales objetivos son: 1) identificar la estructura formal de las situaciones de compromiso en las que alguna decisión de compromiso es inevitable, incluyendo CDs que ponen en riesgo la integridad del decisor; 2) mediante las nociones de juicio básico y compulsivo propuestas por Amartya Sen, establecer cuándo una CD en una situación de compromiso podría estar moralmente justificada. Se concluye que las CDs (...) justificadas implican una contrición moral que ayuda a salvar la distancia entre deontología y consecuencialismo. (shrink)

Of the plural dimensions of collective identity, this paper explores identity as a rhetorical device. The identity tag is a case in point of pragmatic effectiveness. To account for such a power a hypothetical model of identity categories is presented. Its constituent modules shape four basic dimensions: position, deindividuation, exclusion and cognitive shielding. Such delineated narrative identity becomes equivalent to an informal ideology . As constitutive rhetoric , the narrative construction of identities converts self-referential tautology into strategies of discrimination, purification (...) and extermination of exponents of otherness. Last century mass destruction – totalitarianism, colonialism, ethno-nationalism – has been tributary to the identity paradigm. (shrink)