Many political theorists today appeal to, or assume the existence of, a political culture in which the public values of Western liberal democracies are embedded – a political culture that is necessary to render their ideas plausible and their proposals feasible. This article contrasts this approach with the more ambitious arguments advanced by Jürgen Habermas in his original account of discourse ethics – a moral theory to which, he supposed, all human beings were demonstrably and ineluctably bound by the communicative (...) constitution of collective life. Although these arguments have been largely discredited, I argue that Habermas’ analysis can be enlisted in defence of a weaker claim: namely, that principled commitment to discussion is not always necessary for genuine deliberative engagement to occur. As a result, there may be hope for democratic deliberation in contexts where a liberal democratic political culture is lacking. (shrink)

In this essay, Judith Suissa draws on the tradition of radical and alternative education, and on some philosophical literature on democratic politics and the role of the political imagination, in order to suggest some ways of thinking about what constitutes an educational counterpublic that are different from those suggested in recent work by philosophers of education. Building on arguments by Nancy Fraser and others about the vital role of counterpublics in the political life of democracies, Suissa suggests that creating educational (...) spaces where the formation, development, imagining, and nurturing of such counterpublics can occur is an important aspect of this role. (shrink)

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

(2003). Grasping the Force of the Better Argument: McMahon versus Discourse Ethics. Inquiry: Vol. 46, No. 1, pp. 113-133.

According to T.M. Scanlon, the core idea of contractualism consists in the claim that what we are morally required to do is conceptually grounded in the value of living in “relations of mutual recognition” with others. Specifically, Scanlon's contractualist idea of “living in relations of mutual recognition with others” requires that one act only in ways that cannot be reasonably rejected by all of those affected, according to the results of a hypothetical reflection conducted within one's own mind. I claim, (...) however, that Scanlon is mistaken to rely on a single individual's hypothetical reflection (monological reflection) to determine what no one affected could reasonably reject. Instead, following Jürgen Habermas, I claim that we must engage in actual dialogue with all who stand to be affected, in order to live in relations of mutual recognition with others. (shrink)

Can Rawlsian theory provide us with an adequate response to the practical question of how we should proceed in the face of widespread and intractable disagreement over matters of justice? Recent criticism of ideal theorizing might make us wonder whether this question highlights another way in which ideal theory can be too far removed from our non-ideal circumstances to provide any practical guidance. Further reflection on it does not show that ideal theory is redundant, but it does indicate that there (...) is a need for a non-ideal theory that does not consist simply in an account of how to apply the principles which are yielded by ideal theory to non-ideal circumstances in the light of what is feasible and an assessment of the costs of implementation. Indeed any non-ideal theory that can adequately address this question will have to be partially autonomous, drawing on a notion of legitimacy that is rather different to the one which lies at the heart of Rawlsian ideal theory. (shrink)

Using a discursive and ethnomethodological analytic framework, this article explores the social construction of moral transgression and moral meanings in the context of coming to terms with the recent communist past in Eastern Europe. This article illustrates some significant aspects of everyday uses of morality and the socio-communicative organization of public judgements on moral transgression. The article considers the range of public reactions and commentaries to a public confession of having been an informer for the former Romanian secret police. Moral (...) reasoning around transgression takes several forms: a) invoking everyday psychological categories and morally implicative descriptions associated with identities of persons and actions; b) drawing upon culturally available metaphors and images with roots in Judaeo-Christian ethics and morality; c) using the wider political context of coming to terms with the past as foundation and criterion for moral judgement. This article argues that rather than attempting to analyse moral judgement in abstract, one must focus on the everyday constructions and uses of morality found in social interaction and social responses to moral transgression. (shrink)

Attempts to employ discourse ethics for assessing communication and information technologies have tended to focus on managerial and policy-oriented contexts. These initiatives presuppose institutional resources for organizing sophisticated consultation processes that elicit stakeholder input. Drawing on Jürgen Habermas’s discourse ethics, this paper supplements those initiatives by developing a more widely usable framework for moral inquiry and reflection on problematic cyberpractices. Given the highly idealized character of discourse ethics, a usable framework must answer two questions: How should those who lack organizational (...) power conduct their moral inquiry under non-ideal conditions of discourse? How ought they to understand the moral force of the judgments they reach under such conditions? In response, I develop the heuristic implications of Habermas’s principle of universalization. To render that principle usable for non-ideal discourse, I propose a modification that yields a scalar measure of “dialogically robust” judgments that are responsive to the actual state of discussion. To illustrate the use of these principles, I sketch two case studies, which examine the moral acceptability of violent video gaming and government cyber-surveillance. (shrink)