ABSTRACT:Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)

El objetivo del presente trabajo es evaluar la presunta incompatibilidad entre la idea de razón pública defendida por John Rawls y la concepción deliberativa de la democracia, tal como fue denunciada por Graciela Vidiella. La crítica deliberacionista de Vidiella contra la propuesta rawlsiana puede desagregarse en dos tesis: tesis del autogobierno procedimental y tesis sobre el uso crítico de la razón. Argumentaré en contra de dichas tesis y en defensa de la compatibilidad de la idea de razón pública rawlsiana y (...) la democracia deliberativa. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (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)

This thesis examines the concept of civil disobedience, and the role the latter can play in a democratic society. It aims to offer a moral justification for civil disobedience that departs from consequentialist or deontological considerations, and focuses instead on virtue ethics. By drawing attention to the notion of civic virtues, the thesis suggests that, under some circumstances, an act of civil disobedience is the very act displaying a virtuous disposition in the citizen who disobeys. Such disposition is interpreted in (...) light of a duty each individual has to respect her fellow citizens as autonomous agents. This grounds, in turn, a moral obligation to respect the law. The central claim of the thesis is that the obligation towards the law is fulfilled not only through acts of obedience but also, under different circumstances, through acts of disobedience. The status of non-violence as a necessary component of civil disobedience is questioned, and it is argued that a degree of force or violence may be permissible in civil disobedience, when it is compatible with the duty to respect others’ autonomy. Subsequently, the thesis offers an analysis of ‘reasonableness’ as a civic virtue, and by comparing three different approaches to the issue of reasonable disagreement among democratic citizens, it defends the deliberative approach as the most suited for treating fellow citizens as autonomous agents. The last two chapters focus on the importance, for an act of civil disobedience, of the agent’s willingness to accept the legal consequences of her law-breaking behaviour. It is argued that a civil disobedient has an obligation to face the prospect of being punished for the breach of the law. However, in considering the behaviour of a virtuous civil disobedient who appears at her criminal trial, it is also claimed that she should plead not guilty and aim to persuade her fellow citizens that she does not deserve to be punished, because what she did does not constitute a criminal wrong. In doing so, this thesis depicts civil disobedience not as a merely permissible form of behaviour, but as a morally praiseworthy conduct within a democratic community. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

RESUMEN Se analiza si la versión de la justicia como equidad, presentada en El liberalismo político, es genuinamente una concepción política. Se examina el problema de la razonabilidad de las doctrinas comprehensivas, y se indaga luego si el argumento en dos etapas afecta la integridad estructural del liberalismo político. Se concluye que J. Rawls fracasa en su intento de justificar un liberalismo independiente de una doctrina comprehensiva de carácter liberal. ABSTRACT The article analyzes whether the conception of justice as fairness, (...) set forth by Rawls in Political Liberalism, is a genuine political conception. It first examines the issue of reasonableness of comprehensive doctrines and then goes on to inquire whether the two-step argument affects the structural integrity of political liberalism. The paper concludes that J. Rawls fails in his attempt to justify liberalism independently of a comprehensive liberal doctrine. (shrink)