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)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

In this article, I defend a democratic form of the productivist welfare state. I argue that this form of the state can best cope, theoretically and practically, with the diversity of deeply morally pluralistic democratic societies for two reasons. First, the justification of this form of the state rests solely on general facts about human nature, basic human needs, and efficiency considerations in a world of moderately scarce resources. Second, this state does not aim to promote a specific view of (...) justice, but human flourishing more generally, expressed in terms of individual and collective productivity. The proposed democratic productivist welfare state supports its citizens up to the level that allows them to develop and exercise their talents and abilities without providing incentives for free riding. I argue that, under the specific empirical circumstances that I describe, in particular certain informational restrictions concerning the precise productive and destructive capacities of the members of society in practice and the soundness of the Aristotelian principle, this goal may best be achieved in practice by the introduction of an unconditional basic income at subsistence level, if society is sufficiently developed economically to provide such an income. On productivist grounds, such an unconditional subsistence income also addresses, pragmatically and partially, the problem of historical injustices against the weakest members of society and provides all group members with the means for democratic participation. (shrink)

In The Order of Public Reason (2011a), Gerald Gaus rejects the instrumental approach to morality as a viable account of social morality. Gaus' rejection of the instrumental approach to morality, and his own moral theory, raise important foundational questions concerning the adequate scope of instrumental morality. In this article, I address some of these questions and I argue that Gaus' rejection of the instrumental approach to morality stems primarily from a common but inadequate application of this approach. The scope of (...) instrumental morality, and especially the scope of pure moral instrumentalism, is limited. The purely instrumental approach to morality can be applied fruitfully to moral philosophy only in situations of extreme pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of a society do not share, as assumed by traditional moral theories, a consensus on moral ideals as a basis for the derivation of social moral rules, but only an end that they aim to reach. Based on this understanding, I develop a comprehensive two-level contractarian theory that integrates traditional morality with instrumental morality. I argue that this theory, if implemented, is most promising for securing mutually beneficial peaceful long-term cooperation in deeply pluralistic societies, as compared to cooperation in a non-moralized state of nature. (shrink)