It is natural for those with permissive attitudes toward abortion to suppose that, if they have examined all of the arguments they know against abortion and have concluded that they fail, their moral deliberations are at an end. Surprisingly, this is not the case, as I argue. This is because the mere risk that one of those arguments succeeds can generate a moral reason that counts against the act. If this is so, then liberals may be mistaken about the morality (...) of abortion. However, conservatives who claim that considerations of risk rule out abortion in general are mistaken as well. Instead, risk-based considerations generate an important but not necessarily decisive reason to avoid abortion. The more general issue that emerges is how to accommodate fallibilism about practical judgment in our decision-making. (shrink)

Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...) of a conception of legitimacy that mediates between idealistic (or moralistic) and realistic (or pragmatic) desiderata of political theory, i.e. between the aspiration to peace and the aspiration to justice. In other words, this paper considers whether an account of compromise could feature in a viable realistic conception of political legitimacy, in much the same way in which consensus features in more idealistic conceptions of legitimacy (a move that may be attributed to some realist theorists, especially Bernard Williams). My conclusions, however, are largely sceptical: I argue that grounding legitimacy in any kind of normatively salient agreement does require the trappings of idealistic political philosophy, for better or – in my view – worse. (shrink)

Simon May has argued that the notion of a principled compromise is incoherent. Reasons to compromise are always in his view strategic: though we think that the position we defend is still the right one, we compromise on this view in order to avoid the undesirable consequences that might flow from not compromising. I argue against May that there are indeed often principled reasons to compromise, and that these reasons are in fact multiple. First, compromises evince respect for persons that (...) we have reason to think of as our epistemic peers, and acknowledgement of our own finitudes as moral reasoners. Second, compromises are often made morally necessary by the shortfalls that unavoidably separate democratic institutions from democratic ideals. Third, compromises express a desirable form of democratic community. And fourth, compromises are often justified from a consequentialist point of view, in that they allow for the realization of values that would not be realized as well by the failure to compromise. (shrink)

Deliberative democracy entails a commitment to deciding political questions on their merits. To that end, people engage in an exchange of reasons in a shared endeavour to arrive at the right answer or the best judgement they can make in the circumstances. Of course, in practice a shared judgement may be impossible to reach. Yet while compromise may seem a natural way of dealing with the disagreement that deliberation leaves unresolved – for example, some deliberative theorists argue that a willingness (...) to compromise manifests respect for the considered views of others, even as we continue to disagree with them – the relationship between deliberation and compromise is not as straightforward as one might think. To explain why, this paper contrasts conflicts of judgement with conflicts of preference, interest and value to show why greater attention needs to be paid to the character of the decision to be made. (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)

There is an intuitive difference in how we think about pluralism and attitudinal diversity in epistemological contexts versus political contexts. In an epistemological context, it seems problematically arbitrary to hold a particular belief on some issue, while also thinking it perfectly reasonable to hold a totally different belief on the same issue given the same evidence. By contrast, though, it doesn’t seem problematically arbitrary to have a particular set of political commitments, while at the same time thinking it perfectly reasonable (...) for someone in a similar position have a totally different set of political commitments. This chapter examines three explanatory theses that might be used to make sense of this difference: (1) that practical commitments are desire dependent in a way that beliefs are not; (2) that there are reasons to be resolute in practical commitments, but not in beliefs; and (3) that compromise in the face of practical political disagreement doesn’t mitigate controversy, whereas compromise in the face of disagreement about mere beliefs does mitigate controversy. (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)

In an influential article, Simon C. May forcefully argued that, properly understood, there can never be principled reasons for moral compromise. While there may be pragmatic reasons for compromising that involve, for instance, concern for political expediency or for stability, there are properly speaking no principled reasons to compromise. My aim in the article is to show how principled moral compromise in the context of moral disagreements over policy options is possible. I argue that when we disagree, principled reasons favoring (...) compromises or compromising can assume a more significant part of what makes a position all things considered best, and in this way disagreement can ground moral compromise. (shrink)

ABSTRACT Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves sensibilities (...) and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (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)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (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)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (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)

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be (...) based upon a “protestant” assumption according to which conceptions of the good can be cashed out in terms of propositional beliefs. An alternative conception of reasonableness, grounded in the stable disposition of individuals to prefer social peace over conflict is described. It is argued that it better satisfies the neutralist requirement than do theories of justifi catory neutrality. (shrink)

After the parliamentary elections in Germany in September 2017, the Christian Democratic Union (CDU), the Christian Social Union (CSU), The Greens (Bündnis90/Die Grünen) and the Free Democratic Party (FDP) started to negotiate about forming a coalition government. But, surprising to many, the FDP decided to let these coalition talks collapse, and many commentators in Germany found it highly problematic for a political party to refuse to take responsibility in government. Interestingly, the question whether (or: when) democratic parties may legitimately refuse (...) to govern has so far been neglected in political theory and political philosophy. The article develops a general answer by discussing several possible reasons for thinking that it is sometimes wrong to refuse to govern and thereby engages both democratic theory and the recent literature on compromise. The resulting view is that parties have an ‘integrity prerogative’ that allows them to refuse to govern, except when there is no reasonable and stable alternative government coalition available. (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)

While John Rawls made the notion of a “modus vivendi” prominent in political philosophy, he treats modus vivendi arrangements rather short and dismissively. On the other hand, some political theorists like John Gray praise modus vivendi as the only available and legitimate goal of politics. In the article I sketch the outlines of a different, more nuanced approach to modus vivendi arrangements. I argue that the moral standing of modus vivendi arrangements varies, and I try to spell out the factors (...) that determine the relative moral standing of modus vivendi arrangements. (shrink)

Journal of Social Philosophy, EarlyView.

Volume 20, Issue 3, March 2020, Page 83-85.

Volume 20, Issue 3, March 2020, Page 81-83.

The conciliationist and steadfast approaches have dominated the conversation in the epistemology of disagreement. In this paper, drawing on Jennifer Lackey’s justificationist approach and the casuistry paradigm in medical ethics, I will develop a more contextual epistemology of political disagreement. On this account, a given political disagreement’s scope, domain, genealogy, and consequence can be helpful for determining whether we should respond to that disagreement at the level of our confidence, beliefs, or with policy. Though some may argue that responding with (...) policy is a practical consideration instead of an epistemic matter, I argue that even policy responses to disagreements have an epistemic dimension to them that we should not ignore. (shrink)

Recent political theory has seen a wave of interest in the topic of compromise. Its conceptualizations tend to be unstable, however, resulting in varying and shifting appreciations of compromise, not least in debates between political realists and liberal moralists. This article presents a new and integrated theoretical framework of compromise to facilitate theoretical and empirical enquiry. In this framework, every compromise has two underlying dimensions (inter-actor and intra-actor), four necessary and sufficient elements (conflict, consensus, concessions, and consent), and four corresponding (...) conceptual boundaries (stalemate, synthesis, surrender, and shift-of-position). The framework is used to show how compromise can clarify and mitigate the Rawlsian contrast between modus vivendi and overlapping consensus and thus between realism and moralism. Ultimately, the framework not only serves to transcend established distinctions in the theoretical literature, but also to develop counterintuitive hypotheses for empirical research and stimulate the phenomenological enquiry of political compromise making. (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)

If elective abortion is publicly funded, then the government is obligated to take active measures designed to reduce its prevalence. I present two arguments for that conclusion. The first argument is directed at those pro-choice thinkers who hold that while some or all elective abortions are morally wrong, they still ought to be legally permitted and publicly subsidized. The second argument is directed at pro-choice thinkers who hold that there is nothing morally wrong with elective abortion and that it should (...) be both legally permitted and publicly subsidized. The second argument employs premises that generalize beyond the abortion debate and that may serve to shed light on broader questions concerning conscience and the requirements of political compromise in a democracy. (shrink)

This paper examines the relationship between the fields of moral and political philosophy and the study of ideology. It begins by addressing a number of reservations philosophers usually have regarding the scholarly status of ideology research. It then proceeds to highlight the distinct style of philosophical inquiry, namely, its seamless continuity between the study of philosophy and the arguments it examines, which contrasts with the professional language of the study of ideologies, clearly distinguished from that of ideologues. The paper then (...) presents a conceptual perspective for the study of ideologies that complements the contributions from moral and political philosophy. Arguably, moral and political philosophy and ideology studies can fruitfully share methods and insights. (shrink)

Compromise is surprisingly common in the context of religious freedom. In Holt v. Hobbs, for example, a Muslim prison inmate challenged his prison’s no-beards policy on religious freedom grounds. He proposed, and was eventually granted, a compromise that allowed him to grow a half-inch beard rather than the full beard normally required by his beliefs. Some have argued that such a compromise is inconsistent with the purpose of religious freedom, which is to guard against interference with an individual’s religious practices. (...) Accepting a compromise, after all, may require a significant modification to one’s default practices. But this paper argues that compromise can be appropriate if the purpose of religious freedom is to foster the inclusion and acceptance of all people in a diverse political community. Moreover, the benefits of compromise may lend support to the inclusion-based conception of religious freedom as against the more traditional non-interference conception. (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)

Declining levels of political trust and voter turnout, the shift towards populist politics marked by appeals to ‘the people’ and a rejection of ‘politics-as-usual’, are just some of the commonly cited manifestations of our culture of political disaffection. Democratic politics, it is argued, is in crisis. Whilst considerable energy has been expended on the task of lamenting the status of our politics and pondering over recommendations to tackle this perceived crisis, amid this raft of complaints and solutions lurks confusion. This (...) paper seeks to explore the neglected question of what the precise nature of the crisis with which we are confronted involves, and, in so doing, to go some way towards untangling our confusion. Taking my cue from Machiavelli and his value-pluralist heirs, I argue that there is a rift between a morally admirable and a virtuous political life. Failure to appreciate this possibility causes narrations of crisis to misconstrue the moral messiness of politics in ways that lead us to misunderstand how we should respond to disenchantment. Specifically, I suggest that: we think that there is a moral crisis in politics because we have an unsatisfactorily idealistic understanding of political integrity in the first place; and it is a mistake to imagine that the moral purification of politics is possible or desirable. Put simply, our crisis is not moral per se but primarily philosophical in nature: it relates to the very concepts we employ—the qualities of character and context we presuppose whilst pondering over political integrity. (shrink)

Introductory text for the CRISPP-special issue and Routledge-book on "Compromising on Justice". Also includes a summary of the articles by Steven Wall, Robert B. Talisse, Sune Lægaard, Daniel Weinstock, Enzo Rossi and Fabian Wendt.

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral duty (...) to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

Moral compromise, i.e. compromise on moral values, is increasingly discussed as a promising strategy for accommodating disagreement in pluralistic societies. Political theorists are primarily concerned with the question how moral compromise can be normatively justified. In particular, the debate revolves around the question whether moral compromise is justified for principled or pragmatic reasons. But assuming that moral compromise can be justified – for either principled or pragmatic reasons – is it also feasible? The literature on moral compromise largely neglects to (...) address the issue of feasibility and this paper aims to fill this gap. With reference to research in cognitive science, I argue that moral compromise faces a feasibility problem because moral opponents tend to experience a deep emotional reluctance towards compromising on their moral values. I develop the counterintuitive claim that this reluctance, which I call ‘affective aversion’, is unlikely to be overcome by pragmatic reasons for compromise. Instead, I suggest that the feasibility of moral compromise increases if compromise is motivated by principled respect for other persons. Whether moral compromise is feasible therefore depends to a significant degree on whether it is motivated by pragmatic or by principled reasons. From a perspective of feasibility, principled compromise is to be preferred over pragmatic compromise. (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)

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)

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)