In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.1 (2003) 1-21 [Access article in PDF] Did Habermas Cede Nature to the Positivists? Gordon R. Mitchell Jürgen Habermas's "colonization of the lifeworld" thesis (1987, 332-73) posits that many of society's pathologies are due to the tendency of institutions to convert social issues that ought to be sorted out by a debating citizenry into technical problems ripe for resolution by expert bureaucracies, thus pre-empting important public (...) discussion. Habermas has attempted to lay bare the pernicious effects of this colonization process in his analysis of public opinion polling, welfare policy, education, German reunification, immigration, and other social issues (see Habermas 1997, 1994, and 1970; Holub 1992). In each of these contexts, Habermas has publicly challenged the encroachment of scientistic modes of decision-making into spheres where joint communicative action by deliberating citizens would yield more appropriate and legitimate judgments. This critical impulse is also evident in Habermas's methodological reflections on the proper role of academic scholarship, where he has argued vigorously against attempts to graft "objectivating" methods of natural scientific inquiry onto research projects in the social sciences (1971, 304-17).From all of this, one might gather that Habermas's commitment to rolling back the influence of technical forms of reasoning is connected to some intrinsic quarrel he has with the natural sciences. Yet such a sweeping generalization is hard to sustain in light of the fact that Habermas does not oppose technical reasoning per se; he recognizes that the daunting complexity of social life in late capitalism requiresthat certain "steering" tasks be delegated to systems that utilize largely instrumental logics to co-ordinate action. Likewise, he acknowledges that the disciplines of the natural sciences necessarily play important supporting roles in such steering projects.One normative presupposition of Habermas's colonization thesis is that there exists some proper boundary demarcating where the sphere of technical reasoning ends and the realm of communicative rationality begins. [End Page 1] On one side of this boundary, Habermas has provided many details on what he sees as the essential qualities of a properly functioning "public sphere," where "new social movements" continuously reweave the threads of communicative fabric holding society together (1996, 359-87), and where "historico-hermeneutic" academic study reflects on public life, sluicing insight back into the capillaries of democratic deliberations (1987, 374-403).What lies on the other side of the boundary is murkier. The proper role of natural scientific investigation has received relatively scant attention in Habermas's critical theory of society, and this has led to some confusion regarding his account of the natural sciences, as well as debate over whether this account has political purchase. One would think that sympathetic commentators, such as Helen Longino (who bases much of her own coherence theory of scientific truth on Habermas), would have reassuring things to say on this point. Yet her lukewarm assessment that, "in trying to clear a space for an autonomous social and critical theory, [Habermas] has ceded nature to the positivists" (1990, 202), raises questions about the flexibility and scope of Habermas's theory of communicative action as a basis for critique of scientific practice.One way to test Habermas's account of the natural sciences on this count is to put his views in conversation with science studies commentators who share a similar commitment to the idea that dialogue and argumentation are constitutive elements of scientific practice. Such an approach recasts the "ceding to positivism" question into a moment of controversy over the role of dialogue, not only as an essential motor driving the scientific enterprise, but also as a vehicle for democratic decision-making on issues related to the purpose and direction of scientific inquiry in society.Part one of this essay locates discursive norms embedded pragmatically in the notion of scientific objectivity. By bringing a modified version of Habermas's theory of communicative action into conversation with other approaches to science studies that foreground intersubjective dialogue as the key motor driving the scientific enterprise, I develop a foundation for robust criticism of systematically distorted scientific communication. Specific strategies of... (shrink)

Many people are concerned about the legitimacy of digital technology companies like Meta. In this paper we show that two existing models for characterizing power – sovereign power and structural power – are inadequate when it comes to digital technology companies. This is because they fail to accommodate something crucial: the uniquely empowering nature of digital power. Companies like Meta empower users to interact by providing them with versatile systems defined by minimalist permission structures. Drawing on Searle’s theory of institutions (...) and Hart’s theory of law, we show how these permission structures facilitate the creation of new powers, as well as new institutions, through the emergence and recognition of new social norms. This means we must ask how entities that provide us with such versatile – and thus unsteerable – means of empowerment can come to be legitimate. We argue that a custodial framework for digital legitimacy can assign responsibility for the patterns of empowerment that are sustained by companies like Meta. (shrink)

This article critically interrogates how in contemporary Irish political discourse anti-populism, specifically anti-left populism, is articulated as a form of anti-republicanism. This is large part due to the histories of anti-colonial republicanism in Ireland and the popular republican grammar they have bequeathed to contemporary political discourse. This thematic of (anti)populist politics is of renewed interest and urgency given the recent surge in popularity of Sinn Féin, a broadly left-wing republican populist party. This article adopts a discourse analytical method and identifies (...) several key tropes of anti-republican anti-populism that centre largely around the framing of Sinn Féin as a non-normative or not-normal political party, given its historical connection to paramilitarism. Other key themes of anti-republican anti-populism include the politics of housing, policing and the nature of democratic representation. What emerges is a picture of Irish republicanism as a spectral remainder of past political struggles against colonial order and political exclusion. As such, republican politics bring into view the contingency of established order and reveals the fragile nature of political legitimacy in post-partition Ireland. This article concludes by commenting on what the Irish postcolony reveals about the nature of anti-populisms in Europe and its peripheries. (shrink)

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

The article, authored by Ukrainian and Polish social researchers, analyses normative approaches towards understanding models of democracy and their relation to civic space. Despite the existence of multiple models of democracy, they can largely be reduced to two main forms: direct and representative democracy. Deliberative democracy is posited as a third form, which, according to some scientists, combines elements of representative, direct, and participatory democracy. The analysis is based on the assessment of democracy and civic space in Ukraine, utilising data (...) from six applied international social studies, as well as the evaluation of the modern characteristics of some components of Ukrainian civic space. According to the rating of CIVICUS Monitor, Ukraine has been classified in the category of countries where the civic space is “obstructed” from 2019 to the present time (Autumn 2023). Currently, the advancement of civic space in Ukraine towards more favourable forms of freedom of association, peaceful assembly, and expression of opinion in the country are threatened by several factors simultaneously. The article also uses the results of the authors’ previous and current academic research, as well as the results of twenty years of advocacy and analytical work as public experts in Ukraine and Europe. (shrink)

The aim of this paper is to show that Mexico is leading the current trend of recognizing non-human animals as subjects of rights by acknowledging them citizenship rights. In the paper it is argued that a recent resolution by Mexico’s Supreme Court regarding a local legislation must be interpreted as conceding citizenship rights to the non-human animals living in the state where that legislation applies. The paper starts by discussing the context in which the relevant law was discussed and approved, (...) and the judiciary actions taken against it. Then, it discusses the analysis and resolution carried out by the Supreme Court of the rights involved and the dynamics among them, the paper also includes a defense of this resolution. Furthermore, the paper argues that the protections established by this resolution must be interpreted, according to the contemporary academic theories regarding citizenship and animal rights, as rights and that these rights must also be interpreted as citizenship rights. The paper ends by replying to some objections and drawing some general conclusions. (shrink)

The recent proliferation of AI scandals led private and public organisations to implement new ethics guidelines, introduce AI ethics boards, and list ethical principles. Nevertheless, some of these efforts remained a façade not backed by any substantive action. Such behaviour made the public question the legitimacy of the AI industry and prompted scholars to accuse the sector of ethicswashing, machinewashing, and ethics trivialisation—criticisms that spilt over to institutional AI ethics boards. To counter this widespread issue, contributions in the literature have (...) proposed fixes that do not consider its systemic character and are based on a top-down, expert-centric governance. To fill this gap, we propose to make use of qualified informed lotteries: a two-step model that transposes the documented benefits of the ancient practice of sortition into the selection of AI ethics boards’ members and combines them with the advantages of a stakeholder-driven, participative, and deliberative bottom-up process typical of Citizens’ Assemblies. The model permits increasing the public’s legitimacy and participation in the decision-making process and its deliverables, curbing the industry’s over-influence and lobbying, and diminishing the instrumentalisation of ethics boards. We suggest that this sortition-based approach may provide a sound base for both public and private organisations in smart societies for constructing a decentralised, bottom-up, participative digital democracy. (shrink)

Legal scholars have been inspired by the dialogic approach and rallied around it as the solution to constitutional conflict in domestic constitutional orders and the transnational legal landscape. This paper aims to show that the gravitation towards judicial dialogue in contemporary constitutional theory misses the point, given the ambiguities surrounding it. My investigation reveals that the dialogic approach does not succeed in guiding the inter-departmental or inter-regime interactions in a way that no single power would exert unilateral domination. The emergence (...) of judicial supremacy in both national and transnational constitutional orders further suggests that underlying those ostensible examples of judicial dialogue is a transfigured conception of sovereignty. As it is the rise of judicial sovereignty that drives the move towards judicial dialogue in contemporary constitutional developments, I suggest that legal scholars shift focus of attention from the idea of dialogue to the enhanced judicial role in the new constitutional era. (shrink)

Over the last decade, humans have produced each year as much data as were produced throughout the entire history of humankind. These data, in quantities that exceed current analytical capabilities, have been described as “the new oil,” an incomparable source of value. This is true for healthcare, as well. Conducting analyses of large, diverse, medical datasets promises the detection of previously unnoticed clinical correlations and new diagnostic or even therapeutic possibilities. However, using Big Data poses several problems, especially in terms (...) of representing the uniqueness of each patient and expressing the differences between individuals, primarily gender and sex differences. The first two sections of the paper provide a definition of “Big Data” and illustrate the uses of Big Data in medicine. Subsequently, the paper explores the struggle to represent exhaustively the uniqueness of the patient through Big Data is highlighted prior to a deeper investigation of the digital representation of gender in personalized medicine. The final part of the paper put forward a series of recommendations for better approaching the complexity of gender in medical and clinical research involving Big Data for the creation or enhancement of personalized medicine services. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

Political CSR scholars argue that multi-stakeholder initiatives (MSIs) should be designed to facilitate deliberation among corporations, civil society groups, and others affected by corporate conduct for their decisions to be considered democratically legitimate. However, critics argue that decisions reached within deliberative MSIs will lack democratic legitimacy so long as corporations are granted a role in helping to make them. If the critics are correct, it leads to a paradox. Corporations must be excluded from holding decision-making authority within MSIs if they (...) are to function as democratically legitimate regulatory institutions at a global level. However, this risks severely diminishing the incentive of corporations to support and participate within MSIs, which often depend heavily for their success on the visibility provided them by corporate participants. In this paper, I argue that this apparent paradox should be considered irrelevant to the future study of MSIs since it is both unnecessary and impractical for researchers to focus on establishing democratically legitimate systems of governance within them. Instead, I recommend an approach informed by three touchstones of pragmatic philosophy to guide their future study—a criterion of usefulness, wariness of category disputes and commitment to experimentalism. I conclude by drawing on research in political science and social psychology that demonstrates an important practical role for deliberation within such organizations, arguing that researchers must zero in on the role that inclusive deliberation can play in bolstering their effectiveness as regulatory instruments. (shrink)

Most nonhuman animals live on the terms imposed on them by human beings. This condition of being under the mastery of another, or domination, is what republicanism identifies as political unfreedom. Yet there are several problems that must be solved in order to successfully extend republicanism to animals. Here I focus on the question of whether freedom can be a benefit for individuals without a free will. I argue that once we understand the grounds that make freedom a desirable property (...) of choices, we can see how it is appropriate to predicate it of those made by any sentient agent. (shrink)

Democratic conceptions of politics are tacitly or explicitly predicated upon a functioning arena for the formation of public opinion in an associated media-space. Policy-making thus requires a reliable connection to processes of ‘public’ will formation. These processes formed the focus for Habermas’s influential study on the public sphere. This contribution presents a look at more recent ‘structural transformation’, the causes of which are by no means limited to social media communication, and examines its consequences. It proceeds in three steps: 1) (...) in some proximity to Habermas, but also by means of the theory of resonance, it seeks to determine the kind of public sphere that a democratic polity requires; 2) an analysis of problems within the contemporary public sphere will feed into 3) a discussion of the conditions for the restoration of a ‘functioning political public sphere’. These include changes in the realms of participation, representation and spaces of encounter. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the EU’s role (...) is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

The recent decades have seen established liberal democracies expand their surveillance capacities on a massive scale. This article explores what is problematic about government surveillance by democracies. It proceeds by distinguishing three potential sources of concern: the concern that governments diminish citizens’ privacy by collecting their data, the concern that they diminish their privacy by accessing their data, and the concern that the collected data may be used for objectionable purposes. Discussing the meaning and value of privacy, the article argues (...) that only the latter two constitute compelling independent concerns. It then focuses particularly on the third concern, exploring the risk of government surveillance being used to enforce illegitimate laws. It discusses three legitimacy-related reasons why we should be worried about the expansion of surveillance capacities in established democracies: Even established democracies might decay. There is a risk that surveillance capacities that are used for democratically legitimated purposes today will be used for poorly legitimated purposes in the future. Surveillance may be used to enforce laws that lack legitimacy due to the disproportionate punishment attached to their violation. The democratic procedures in established democracies fail to conform to the requirements formulated by mainstream theories of democratic legitimacy. Surveillance is thus used to enforce laws whose legitimacy is in doubt. (shrink)

Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...) gained a wider currency among the political theorists after John Rawls adoption of it into his political thinking. On this background, my concern is to see the feasibility of public reason alone into democratic outcomes through coercive use of power provided that this is widely accepted among the epistemic peers in a democracy. I propose that the exclusiveness of public reason is inadequate to arbitrate on fundamental questions of politics in situations where disagreement becomes acute because of the adversary positions held by citizens. And hence love and truth add to the rigorousness of reason as strong ideals to combat an insurgency of deadly disagreements. It is an attempt to engage love and truth to public reason to make public deliberations more productive in the arena of law making and policy outputs. The strengthening of this democratic process is pioneering effort of M. K. Gandhi. (shrink)

This paper examines the enactment of agency in the Mars Exploration Rover mission. We argue that MER functioned as a distributed cognitive system, made up of highly specialized, though complementary, elements. To explain how a sense of shared agency was attained therein, we augment the distributed account with Tollefsen and Gallagher’s Philosophy of the Social Sciences, 47, 95-110, theory of joint agency. It claims joint actions involve a cascade of shared distal, proximal, and motor intentions, each with its own content (...) and timescale, and that narrative processes are crucial for stabilizing shared intentions. We argue MER possessed these three levels of intention, though they fell on different elements of the distributed cognitive system, and their timescales were longer than mundane cases of joint action. Scientists, collaborating with engineers, enacted shared distal and proximal intentions, while rovers enacted the motor intentions. Moreover, we show that we-narratives, including a commitment to consensus-based operations and an epistemic strategy for discovering the geological history of Mars, constrained the formation of distal and proximal intentions such that they could genuinely be attributed to the group. Nonetheless, our distributed account does not fully capture how rovers shaped the sense of embodiment of team members. Scientists and engineers described themselves as ‘becoming the rover,’ which allowed them to have a sense of presence on Mars. We argue this can be explained by the Material Engagement Theory, which complements the distributed cognition theory. (shrink)

AbstractIn this paper I provide a decolonial critique of received knowledge about deliberative democracy. Legacies of colonialism have generally been overlooked in theories of democracy. These omissions challenge several key assumptions of deliberative democracy. I argue that deliberative democracy does not travel well outside Western sites and its key assumptions begin to unravel in the ‘developing’ regions of the world. The context for a decolonial critique of deliberative democracy is the ongoing violent conflicts over resource extraction in the former colonies (...) of Africa, Asia and Latin America. I argue that deliberative democracy cannot take into account the needs of marginalized stakeholders who are defending their lands and livelihoods. The paper contributes to the literature by (1) offering a critique of hegemonic models of democracy that cannot address issues of inequality and colonial difference and (2) offering possibilities to imagine counterhegemonic alternatives for a democratization of democracy from below. (shrink)

This paper describes and critically reflects on a participatory policy process which resulted in a government decision not to introduce genetically modified cotton in farmers’ fields in Mali. In January 2006, 45 Malian farmers gathered in Sikasso to deliberate on GM cotton and the future of farming in Mali. As an invited policy space convened by the government of Sikasso region, this first-time farmers' jury was unique in West Africa. It was known as l’ECID—Espace Citoyen d’Interpellation Démocratique —and it had (...) an unprecedented impact on the region. In this Deliberative and Inclusive Process, the ECID combined the citizens’ jury method with indigenous methods for debate and dialogue, including the traditional African palaver. The ECID brought together male and female producers representing every district in the Sikasso region of southern Mali, specialist witnesses from various continents and a panel of independent observers, as well as resource persons and members of the national and international press and media. As an experiment in deliberative democracy, the ECID of Sikasso aimed to give men and women farmers the opportunity to share knowledge on the benefits and risks of GM cotton, and make policy recommendations on the future of GM technology in Malian agriculture. Designed as a bottom-up and participatory process, the ECID’s outcomes significantly changed national policy on the release of GM technology and have had an enduring influence in Mali. In this paper, we describe our positionality as action researchers and co-organisers of the ECID. We explain the methodology used for the ECID of Sikasso and critically reflect on the safeguards that were put in place to ensure a balanced and trustworthy deliberative process. The ECID and its key outcomes are discussed in the context of the political economy of GM cotton in West Africa. Last, we briefly highlight the relevance of the ECID for current international debates on racism in the theory and practice deliberative democracy; the production of post-normal transdisciplinary knowledge for technology risk-assessments; and the politics of knowledge in participatory policy-making for food and agriculture. (shrink)

In response to the democratic boundary problem, two principles have been seen as competitors: the all-affected interests principle and the all-subjected principle. This article claims that these principles are in fact compatible, being justified vis-à-vis different functions, accommodating different values and drawing on different sources of normativity. I call this a ‘function-sensitive’ view. More specifically, I argue that the boundary problem draws attention to the decision functions of democracy and that two values are indispensable when theorizing how to regulate these (...) functions: procedural fairness and political autonomy. While the value of procedural fairness is best promoted through a version of the all-affected interests principle, applied to decision making generally, it is argued that political autonomy is best promoted through a version of the all-subjected principle, applied to coercive decision making specifically. The article concludes by drawing out some practical implications of the function-sensitive view for the case of immigration and border controls. (shrink)

To integrate social robots in real-life contexts, it is crucial that they are accepted by the users. Acceptance is not only related to the functionality of the robot but also strongly depends on how the user experiences the interaction. Established design principles from usability and user experience research can be applied to the realm of human–robot interaction, to design robot behavior for the comfort and well-being of the user. Focusing the design on these aspects alone, however, comes with certain ethical (...) challenges, especially regarding the user’s privacy and autonomy. Based on an example scenario of human–robot interaction in elder care, this paper discusses how established design principles can be used in social robotic design. It then juxtaposes these with ethical considerations such as privacy and user autonomy. Combining user experience and ethical perspectives, we propose adjustments to the original design principles and canvass our own design recommendations for a positive and ethically acceptable social human–robot interaction design. In doing so, we show that positive user experience and ethical design may be sometimes at odds, but can be reconciled in many cases, if designers are willing to adjust and amend time-tested design principles. (shrink)

Since at least the 1980s, the role of adversariality in argumentation has been extensively discussed within different domains. Prima facie, there seem to be two extreme positions on this issue: argumentation should never be adversarial, as we should always aim for cooperative argumentative engagement; argumentation should be and in fact is always adversarial, given that adversariality is an intrinsic property of argumentation. I here defend the view that specific instances of argumentation are adversarial or cooperative to different degrees. What determines (...) whether an argumentative situation should be primarily adversarial or primarily cooperative are contextual features and background conditions external to the argumentative situation itself, in particular the extent to which the parties involved have prior conflicting or else convergent interests. To further develop this claim, I consider three teloi that are frequently associated with argumentation: the epistemic telos, the consensus-building telos, and the conflict management telos. I start with a brief discussion of the concepts of adversariality, cooperation, and conflict in general. I then sketch the main lines of the debates in the recent literature on adversariality in argumentation. Next, I discuss the three teloi of argumentation listed above in turn, emphasizing the roles of adversariality and cooperation for each of them. (shrink)

This article problematizes the republican reliance on contemporary ‘states as they are’ as protectors and guarantors of the republican notion of freedom as non-domination. While the principle of freedom as non-domination constitutes an advance over the liberal principle of freedom as non-interference, its reliance on the national, territorial, legal-technical and extra-economic contemporary state prevents the theoretical uncovering of its full potential. The article argues that to make the most of the principle of freedom as non-domination, a strong Athenian element is (...) required. The democratic confederalist project that is being experimented with by Syrian Kurds in the cantons of Rojava, it is maintained, can contribute theoretically and practically to this republican ideal through its democratic and participatory mechanisms, despite fundamental challenges it has to face. (shrink)

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

The contemporary global crisis can be explored in different perspectives. This text focuses on constitutionalism. It asks whether constitutionalism still matters. Responding to this question requires revisiting the basic analytical and normative concepts that shape individual autonomy, polity, law and democracy in the context of globalization. Part I of the article introduces the question of the crisis of constitutionalism. It briefly explores the dispute between proponents of state and post-state constitutionalism, and proceeds with an analysis of societal constitutionalism. The critical (...) reading of this theory prepares the ground for a positive normative argument. Part II of the article argues for the return to the moral core of constitutionalism. It defends the claim that justice at the global stage requires establishing a minimum common denominator that would be composed of universalizable substantive principles. The institutional question follows. Its focus should be on the authoritative identification, protection and advancement of the core values of constitutionalism in the social and legal-political realms of the world society. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

Traditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens (...) to freely deliberate in public and therefore conflicts with democratic self-determination. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

The aim of this article is twofold: to display some of the fruitful starting points in the later Habermas’ principal monograph for the development of a new kind of cognitive sociology; and to indicate the form of such a sociology by critically extrapolating its major parameters from Habermas’ assumptions regarding immanent transcendence, formal pragmatics and reconstructive sociology. The intended cognitive sociology is conceived as a refinement of a hitherto largely implicit dimension of Critical Theory. Its promise is far-reaching: to sharpen (...) considerably the latter’s analytical repertoire and penetration; to draw attention to the need to recognize that the foundations of critique are not to be sought directly in normativity but rather in the cognitively structured normative dimension; and to stimulate consideration of the materialist implications of the rootedness of the human cognitive endowment in natural evolution and phylogenesis and the role of the resultant cognitive structures in the construction and elaboration of socio-cultural forms of life. (shrink)

Research in business ethics has largely ignored questions of equality and dissensus, raised by theorists of radical democracy. Alasdair MacIntyre, whose work has been very influential in business ethics, has developed a novel approach to virtue ethics rooted in both Aristotelian practical philosophy and a Marxian appreciation of radical democracy. In this paper, we bring MacIntyre into conversation with Jacques Rancière and Chantal Mouffe and argue the following: first, MacIntyre’s work has significant similarities with Rancière and Mouffe, thus suggesting that (...) MacIntyrean business ethics has the potential to address the concerns of radical democrats; second, the MacIntyrean business ethics literature has not adequately incorporated the aspects of Macntyre’s work addressing concerns regarding equality and dissensus and future work should pay more attention to these concerns. (shrink)

As biomedical research with volunteers was expanded in the United States, the rule of subject selection, constituting scientific and ethical criteria, was generated in 1981 to resolve selection bias in research. Few historical studies, however, have investigated the role of this new hybrid rule in institutional review systems. This paper describes how bioethics commissions and federal agencies have created the subject selection rule based on the concept of justice. I argue that the standardization of this rule as temporal measures, linked (...) with risk-benefit assessment, has reformed the review mechanism, specifically investigators’ modification of research plans, thereby developing justice as balancing. (shrink)

Flagging labor governance in far-flung supply networks has prompted greater scrutiny of instrumental CSR and calls for models that are tethered more closely to accountability, constraint, and oversight. Political CSR is an apt response, but this paper seeks to buttress its deliberative moorings by arguing that the agonist notion of ‘domesticated conflict’ provides a necessary foundation for substantive deliberation. Because deliberation is more viable and effective when coupled with some means of coercion, a concept of CSR solely premised on reciprocal (...) corporate-stakeholder engagement is pre-mature; efforts should first be directed toward the antecedents of reciprocity and how it is to be achieved, and only then does deliberation become a reliably substantive exercise. The resulting account of agonistic CSR is generated through agonistic principles of realism, pro-action, contestation, and countervailence, and illustrated by the Bangladesh Accord. (shrink)

We propose that corporations should be subject to a legal obligation to identify and internalise their social costs or negative externalities. Our proposal reframes corporate social responsibility as obligated internalisation of social costs, and relies on reflexive governance through mandated hybrid fora. We argue that our approach advances theory, as well as practice and policy, by building on and going beyond prior attempts to address social costs, such as prescriptive government regulation, Coasian bargaining and political CSR.

The main objective of the paper is to present a model of the good practices of deliberative cooperation in a parliamentary setting. This goal is achieved through applying the three functions of the deliberative system—epistemic, ethical and democratic —to an analysis of cooperation between different stakeholders during the work of a Polish Parliamentary Subcommittee. They are used as an evaluative tool for analysing the cooperation of MPs, members of the public and representatives of the government. The paper analyses a concrete (...) example of the work of the Permanent Subcommittee on the government bill amending the Act on Public Benefit Activity and Voluntary Work in the Polish Parliament. This concrete example is presented as a model of good practices when it comes to deliberative cooperation between representatives of the authorities and citizens aiming at the development of shared practical judgement. The paper consists of three parts. In the first, a systemic approach to deliberative democracy is briefly introduced, and the history of the work on the bill is outlined. The main part consists of an analysis of the three speeches of three main stakeholders in the legislative process, from the perspective of their view of legislative deliberations, and in terms of the three functions of deliberative system. In the conclusions, four main issues are analysed with reference to the presented legislative deliberations: 1. Legislative committees as mixed deliberative spheres; 2. Internal/external deliberation; 3. The distinction between stakeholders/ordinary citizens; and 4. Deliberative stance/deliberative mindset. (shrink)

When can exerting pressure in a public controversy promote reasonable outcomes, and when is it rather a hindrance? We show how negotiation and persuasion dialogue can be intertwined. Then, we examine in what ways one can in a public controversy exert pressure on others through sanctions or rewards. Finally, we discuss from the viewpoints of persuasion and negotiation whether and, if so, how pressure hinders the achievement of a reasonable outcome.

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

The press and scholars alike often bemoan the failure of civil public deliberation. Yet this insistence on civility excludes people who engage in adversarial tactics, limiting the ideas that are heard within deliberation. Drawing on a deliberative dialogue that occurred in Charlottesville, Virginia, in the aftermath of the deadly White Supremacist rally of 2017, this article reveals how the capacity of deliberation to be inclusive of diverse voices depends upon deliberators’ orientation to learn from people who do not participate in (...) deliberation. While much scholarship attends to learning for democracy, as in the preparation of young citizens, this article shows the significance of learning in democracy, as in the capacity of adults to learn in the midst of political strife. (shrink)

In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...) current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...) taken the problem of algorithmic bias seriously, but the current discussion on algorithmic fairness tends to conceptualize ‘fairness’ in algorithmic fairness primarily as a technical issue and attempts to implement pre-existing ideas of ‘fairness’ into algorithms. In this paper, I show that such a view of algorithmic fairness as technical issue is unsatisfactory for the type of problem algorithmic fairness presents. Since decisions on fairness measure and the related techniques for algorithms essentially involve choices between competing values, ‘fairness’ in algorithmic fairness should be conceptualized first and foremost as a political issue, and it should be (re)solved by democratic communication. The aim of this paper, therefore, is to explicitly reconceptualize algorithmic fairness as a political question and suggest the current discussion of algorithmic fairness can be strengthened by adopting the accountability for reasonableness framework. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

My aim in this article is to compare traditional multiculturalist political theory with a new paradigm in which the usual strategies for dealing with cultural diversities are replaced by the tools provided by inferential semantics as developed by Robert Brandom. The upshot is the transition from a landscape which is highly demanding with respect to the common assumptions among different views of the world to a dialogical context in which contrasting beliefs can come to light more freely.

The All-Affected Principle has an important status in recent theoretical discussions on democracy. According to the principle, all who are affected by a decision should have a right to participate into making it. The principle is supposed to ground the right or optimal boundaries of democratic decision-making units. This paper is basically a critique of the principle. In the first parts of the paper, the All-Affected Principle is distinguished from some related principles. However, even a more precise version of the (...) principle is still troubled by ambiguities. It is argued that Robert Goodin’s expansive reading is the only coherent one. However, if it is accepted, the principle cannot be used for its original purpose. The last parts focus on some largely unexamined aspects of the principle. First, the principle also works as a means of exclusion, not only of inclusion. Second, if, as the principle says, participation rights are based on interests, it is by no means obvious that these rights should be equal. Third, the principle cannot provide us with a non-institutional starting point. Nevertheless, a much weaker form of the principle may be plausible. (shrink)

Contemporary public reason liberalism holds that coercion must be publicly justified to an idealized constituency. Coercion must be justified to all qualified points of view, not the points of view held by actual persons. Critics, in particular Nicholas Wolterstorff and David Enoch, have complained that idealization, by idealizing away what actual people accept, risks authoritarianism and disrespect by forcing people to comply with laws they in fact reject. I argue that idealization can withstand this criticism if it satisfies two conditions. (...) First, the standards of idealization, such as the norms of rationality and information, must be grounded in the present commitments of the large majority of members of the public. Second, the standards of idealization must be moderate; that is, they cannot be used to attribute reasons to citizens that stray too far from their actual commitments. (shrink)