Justice is about political ideals on how to accommodate differences that are natural among basically heterogeneous human beings. In many ways, justice is remarkably complicated because of the alleged conflict between the demands of equality and the concern that people should have as much liberty available. The author argues in this essay that the ideal of equality and liberty can be reconciled into the liberal ideal of fairness. This compromise view accounts as a justification for coercive institutions and obligations and (...) a tenable basis for a practical definition of rights and justice in general. The author does this by going through the philosophical presuppositions of the different theories of justice. His examination focuses on rendering analytic clarity to the ideal of equality, liberty, and the value of community. (shrink)

In trying to enhance, improve or perfect ourselves through technological intervention, we can risk the very idea of a practical identity and self-possession. In thinking of the enhancement, improvement or perfection of the body through technological interventions, we ought to acknowledge limits in our outlook at least as seriously as we enjoy the considerable advances offered by technology in general. In postulating the chance of enhancement, improvement and perfection it is important to think about the distinction between what we can (...) and what we ought to do. In terms of scientific advance, this is not necessarily reflected clearly – it is often the case that scientific advance per se is taken to be ‘‘progress.’’ Progress in scientific research isn’t an easy notion in itself. Human progress, in being highly open to nuance and value, draws upon evaluation across a range of validity spheres. In tying a too-uncomplicated notion of scientific progress to the issue of human progress, there is a risk that we evaluate too narrowly our chances and our options. (shrink)

In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the function of the overlapping consensus; the (...) third thesis explains how the overlapping consensus can serve its function in accordance with political liberalism’s commitment to epistemic neutrality. The second claim on which my argument relies is empirical: (ii) Rawlsians typically deny at least one of the three theses to which political liberalism is committed. Based on (i) and (ii), I conclude that Rawlsians have hitherto provided unconvincing accounts of the place of comprehensive doctrines in political liberalism. (shrink)

This paper is written from a perspective that is sympathetic to the basic idea of the capability approach. Our aim is to compare Martha Nussbaum’s capability theory of justice with Alan Gewirth’s moral theory, on two points: the selection and the justification of a list of central capabilities. On both counts, we contend that Nussbaum’s theory suffers from flaws that Gewirth’s theory may help to remedy. First, we argue that her notion of a (dignified) human life cannot fulfill the role (...) of a normative criterion that Nussbaum wants it to play in selecting capabilities for her list. Second, we question whether Nussbaum’s method of justification is adequate, discussing both her earlier self-validating argumentative strategy and her more recent adherence to the device of an overlapping consensus. We conclude that both strategies fail to provide the capabilities theory with the firm foundation it requires. Next, we turn to Gewirth’s normative theory and discuss how it can repair these flaws. We show how his theory starts from a fundamental moral principle according to which all agents have rights to the protection of the necessary preconditions of their agency. Gewirth’s justification of this principle is then presented, using a version of a transcendental argument. Finally, we explicitly compare Nussbaum and Gewirth and briefly demonstrate what it would mean for Nussbaum to incorporate Gewirthian elements into her capabilities theory of justice. (shrink)

What is analytical philosophy of education (APE)? And what has been its place in the history of the subject over the last fifty years? In a recent essay in Ethics and Education (Vol 2, No 2 October 2007) on ‘Rival conceptions of the philosophy of education’, Paul Standish described a number of features of APE. Relying on both historical and philosophical argument, the present paper critically assesses these eight points, as well as another five points delineating APE in the Introduction (...) to The Blackwell Guide to the Philosophy of Education. (shrink)

While discussing critical individuality as oneof the main goals of liberal education, theemphasis has usually been on direct educationalmeasures. Much less attention has been given tothe social preconditions for its development.This paper discusses the societal aspect of thequestion by employing the notion of spherepluralism. The attempt is to point out someways in which the diversified nature of societycan be employed in its full potential for thedevelopment of critical individuality. Thearticle aims to outline a form of spherepluralism, which is based on (...) structuraldifferentiation, cultural diversity, communalvitality, confessional pluralism andcross-communal criticism. The suggestion isthat the critical potential of sphere pluralismpresupposes a proper balance between sphereautonomy and inter-sphere criticism as well asthat between social construction of meaning andobjective-structural constraints. (shrink)

It may be suggested that much of what goes by the name of contemporary cosmopolitanism is liberalism envisioned at the global level. It has become a common claim that the liberalism which provides the ethical content for cosmopolitanism is not tolerant enough of diverse ways of living; that liberalism’s claim to be a just referee between competing conceptions of the good life in fact hides a failure to treat diverse forms of life with an egalitarian hand. This essay argues this (...) is a correct observation that is in principle a good thing, not something to be derided. At least from the liberal point of view, part of the misunderstanding lies in the tendency to translate liberalism’s claim to be egalitarian towards all individuals into the claim that this means liberalism must be egalitarian towards all the conceptions of the good life that are held by these individuals. Such an extension of liberalism’s tolerance and egalitarianism would in fact undermine liberalism’s core values and render the cosmopolitan project a series of contradictions in terms. (shrink)

Ben Spiecker; Japan and the American Identity, Journal of Philosophy of Education, Volume 30, Issue 2, 30 May 2006, Pages 315–320, https://doi.org/10.1111/j.146.

Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories—moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame (...) of reference, in contrast to that of citizenship, which is located within a more particularist frame. Human rights are conceptually distinct from citizenship, and the conflating of human rights with citizenship not only is conceptually incoherent, but may actually obstruct the empowerment and active participation of individual citizens in the context of a political community. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...) structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with the (...) question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

RESUMO O objetivo deste artigo é o de ilustrar a oposição dos comunitaristas ao contratualismo, a partir da análise de um caso específico: a crítica de Michael Sandel ao voluntarismo contido na teoria de Rawls. Sandel chama de "voluntarismo" a tese pela qual princípios políticos e morais se legitimam a partir de um exercício da vontade individual, sob a forma da "escolha" ou do "consentimento". Esta tese, como procuraremos argumentar, está na base do contratualismo moderno, embora somente em Rawls ela (...) atinja sua formulação mais perfeita. Sandel propõe como alternativa ao voluntarismo o que ele chama de "cognitivismo", inspirado na visão de mundo dos antigos. Segundo o cognitivismo, os princípios políticos e morais são derivados de fins ou "bens" que são mais descobertos do que propriamente escolhidos. ABSTRACT The aim of this paper is to illustrate the opposition between communitarianism and contratualism, from the analysis of a specific case: Michael Sandel's criticism of voluntarism in the theory of Rawls. For Sandel "voluntarism" is the thesis according to which political and moral principles are legitimate from an exercise of individual will, such as "choice" or "consent". We shall argue that this thesis is the grounding basis of modern contractualism, although only with Rawls it reaches its purest form. Sandel suggests as an alternative to voluntarism what he calls "cognitivism", inspired in the ancient understanding of the world. According to cognitivism, the legitimation of political and moral principles streams from ends or "goods" which are discovered rather than chosen. (shrink)

It is often claimed that liberalism is falsely and perniciously universalist. I take this charge seriously, exploring three positions: the communitarians’, Rorty’s, and that of “comprehensive” liberalism. After explaining why universalism is thought impossible, I examine the communitarian view that value is determined within communities and argue that it results in a form of relativism that is unacceptable. I next discuss Richard Rorty’s liberal acceptance of “conventionalism” and explain how, despite his rejection of universalism, Rorty remains a liberal. I then (...) present a defense of universalism, based in part on arguments that parallel Thomas Nagel’s arguments in defense of a “view from nowhere” and Jean Hampton’s objectivist arguments against Rawls’s moves to a “merely political” theory. That defense requires that we can distance ourselves from our ends to make moral judgments shorn of all partialities. (shrink)

_Examines the implications of Aristotle’s political thought for contemporary political theory._.

When women become perpetrators of suicide bombing, their agency – their ability to act upon and affect the world – is often denied. There are a number of reasons for this and one this thesis considers is that – as females – they are not expected to be violent. Accordingly, such women are judged to be coerced or incompetent, and so unable to rule themselves sufficiently as agents. Models of autonomy propose various frameworks for assessing whether acts or persons are (...) self-governing, and the relational approach in particular has garnered much support recently. However, some aspects of the relational account remain under-theorised, including how autonomy might be measured. In this thesis, I aim to bring these two elements together by examining whether an extension of the relational model may offer a way in which to estimate the autonomy of the bombers in a more nuanced fashion. I make two claims. First, that the relational conception of the agent and autonomy ‘fits’ the bombers. Second, that my spectrum view, which is rooted in the relational approach, maps the bomber’s autonomy approximately but in detail. As such, my spectrum view is a befitting notion of autonomy and allows a graded and comparative representation of the bomber’s autonomy. (shrink)

Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

Much of postmodern philosophy questions the assumptions of Modernity, that period in the history of the Western world since the Enlightment. These assumptions are that truth is discoverable through human reason; that certain knowledge is possible; and furthermore, that such knowledge will provide a basis for the ineluctable progress of Mankind. The Enlightenment project is underwritten by the conviction that knowledge gained through the scientific method is secure. In so far as biomedicine inherits these assumptions it becomes fair game for (...) postmodern deconstruction. Today, perhaps more than ever, plural values compete, and contradictory approaches to health, for instance, garner support and acquire supremacy through consumer choice and media manipulation rather than evidence-based science. Many doctors feel a tension between meeting the needs of the patient face to face, and working towards the broader health needs of the public at large. But if the very foundations of medical science are questioned, by patients, or by doctors themselves, wherein lies the value of their work? This paper examines the issues that the anti-foundationalist thrust of postmodernism raises, in the light of a case of mild hypertension. The strict application of medical protocol, derived from a nomothetic, statistical perspective, seems unlikely to furnish value in the treatment of an individual. The anything goes, consumerist approach, however, fares no better. The author argues that whilst value cannot depend on any rationally predetermined parameters, it can be rescued, and emerges from the process of the meeting with the patient. (shrink)

In recent work, Cheryl Misak has developed a novel justification of deliberative democracy rooted in Peircean epistemology. In this article, the author expands Misak's arguments to show that not only does Peircean pragmatism provide a justification for deliberative democracy that is more compelling than the justifications offered by competing liberal and discursivist views, but also fixes a specific conception of deliberative politics that is perfectionist rather than neutralist. The article concludes with a discussion of whether the `epistemic perfectionism' implied by (...) the pragmatist argument could be endorsed by liberal democrats. Key Words: deliberative democracy • epistemology • liberalism • Cheryl Misak • Charles Peirce • perfectionism • pragmatism • truth. (shrink)

Truth, the pragmatist claims, is something we make, not something which corresponds to reality. If this view of truth is accepted, Rorty notes, two problems arise: the pragmatist will have little to say to those who abuse others, because he or she will not be able to point to some universal standards that the abusers are vio lating ; and the torturers may be able to quote pragmatic principles in their own defence. Rorty argues that the pragmatist can reduce cruelty (...) by splitting himself or herself into public and private parts. I examine this problem and Rorty's solution. I argue that his solution fails for two reasons: first, keeping our public and private selves apart is unlikely to reduce cruelty; and, second, he cannot maintain the public/private split. Consequently, Rorty is unable to deal with the anti-pragmatic criticism that his theory of truth could lead to an increase in cruelty. Key Words: democracy • liberalism • political theory • pragmatism • Richard Rorty. (shrink)

Postmodernism precludes philosophical justifications for democracy. This undermines the role of philosophy of education and leaves us with weaker reasons for educational democracy than we need. If the ‘postmodern challenge’ is as Wilfred Carr conceives it, Jürgen Habermas meets that challenge. His work rests on neither Enlightenment essentialism nor foundationalism. Habermas can accept and explain that consciousness is historically and socially situated in discourse, yet still argue to the possibility of emancipation. I defend his conception of rationality from charges of (...) essentialism. Rational thinking can critique its own specific forms, so superior forms of rationality remain universalisable by rational means. A historicising account of such critique avoids situationist relativism. These considerations justify educational democracy and preserve a role for philosophy of education. (shrink)

A philosophical analysis of the work of one of the most iconoclastic thinkers in Chinese history, Li Zhi, whose ethics prized spontaneous expression of genuine feelings.

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

This paper examines the problems that various contemporary human rights discourses face with relativism, with special reference to the global protection of women’s rights. These problems are set within the theoretical debate between the Western liberal individualism on the one hand, and African, Asian and Islamic collectivist communitarianism on the other. Instead of trying to prove the superiority of one theoretical approach over the other, the purpose here is to point out some of the most common logical fallacies and cultural (...) biases that have led to false polarizations between the various theoretical foundations of human rights discourse. The paper highlights these errors and inaccuracies with a view to diminishing the dichotomies between the various philosophical foundations of human rights, particularly in connection to the promotion of women’s rights. This is done in order to pave the way for more open and impartial political, cultural and gender dialogue in the promotion of human rights both in theory and in practice. (shrink)

In den westlichen Industrienationen gilt das Prinzip der informierten Einwilligung als das Zentralelement medizinischer Forschungsethik. In anderen, stärker die Relationalität als die Individualität von Personen betonenden Kulturen hingegen werden medizinische Entscheidungen traditionell eher durch die Gemeinschaft bzw. ihr Oberhaupt getroffen. Um verschiedenen kulturellen Normen gerecht zu werden, wird international tätigen Forschungsteams häufig empfohlen, den Community Consent und den Informed Consent einzuholen. Ausschlaggebend soll dabei letztlich der Informed Consent des Individuums sein. Es soll die Teilnahme auch dann verweigern können, wenn die (...) Gemeinschaft bzw. ihr Repräsentant dem Vorhaben zugestimmt hat. Der Beitrag diskutiert, ob eine solche Kopplung von Community Consent und Informed Consent tatsächlich geeignet ist, den Ansprüchen beider Prinzipien gerecht zu werden. Es wird argumentiert, dass die Kopplung von Community Consent und Informed Consent ethisch problematisch ist, wenn der Gemeinschaft hierbei ein Vetorecht eingeräumt wird, das geeignet ist, die Realisation konträrer individueller Interessen und damit das Selbstbestimmungsrecht der Betroffenen zu unterlaufen. Um zu gewährleisten, dass in interkulturellen Forschungszusammenhängen sowohl der individuellen als auch der relationalen Autonomie von Personen angemessener Raum gewährt wird, wäre es empfehlenswert, den Informed Consent ausdrücklich mit einer Community Consultation zu koppeln. Hier käme die Entscheidung gegen, aber auch für eine Studienteilnahme in letzter Instanz klar dem Individuum zu, während die Vorzüge einer Einbeziehung der Gemeinschaft in den Entscheidungsfindungsprozess anerkannt und genutzt werden könnten. (shrink)

This article provides a critique of the IWC's traditional focus on anthropocentric conservation in the governance of whaling. It is argued that this position, which relies on accepting the view that we have no direct moral duties to whales, is out of step with the moral status that now tends, in theory and practice, to be granted to animals. More specifically, anthropocentric conservation conflicts with the widespread acceptance, in theory and practice, that non-human animals such as whales have moral standing, (...) that what we do to them matters to them directly. This does not mean that whaling should necessarily be prohibited on ethical grounds, although the animal welfare analysis of whaling sketched in this article does suggest that, on balance, it is difficult to defend morally. Rather, it is being claimed that it is morally objectionable to deny, as the whaling nations do, that the IWC ought to be mandated to consider the welfare implications of whaling. (shrink)

The purpose of the work at hand is to address philosophically and critically the issue of how Saudi citizenship education is currently incoherent because it seeks to foster civic loyalty to two distinct and competing doctrines while not recognizing or addressing the tension itself. The conflict in question is between loyalty to the Saudi nation, on the one hand, and the broader Islamic community, on the other. The question which this study attempts to answer is how Saudi Arabia's handling of (...) teaching civic solidarity within national school curriculums poses an identity crisis. I address such complex question primarily through including various literatures in the field of Western political theory, particularly communitarian nationalism. In addition, I examine the 'nationalism' subject taught within Saudi educational settings so as to solidify my claim that there reside two competing forms of civic loyalty in Saudi educational settings. The hope is to shed light on the apparent identity crisis of Saudi citizens and conclude that remedying such incoherent form of belonging is partly possible through acknowledging and addressing the process of civic inculcation taught within educational settings. (shrink)

This paper sees Charles Taylor's moral discourse as a version of liberal communitarianism, an attempt to reconcile liberalism and communitarianism, by examining his three transcendental arguments: the liberal transcendence from the parochial to the universal; the communi tarian transcendence from the instinctual to the ontological; and the theistic transcendence from the good to God. While this liberal communi tarianism absorbs some great insights from both liberalism and communi tarianism and overcomes some of their respective weaknesses, it fails to avoid their (...) common dichotomy of the good and the right because Taylor's fundamentally communitarian commitment leads him to believe that there must be a universal ontological (religious or metaphysical) idea of the good as the foundation for any needed universal social and political idea of the right. (shrink)

The article takes issue with the proposal that dominant accounts of collective intentionality suffer from an individualist bias and that one should instead reverse the order of explanation and give primacy to the we and the community. It discusses different versions of the community first view and argues that they fail because they operate with too simplistic a conception of what it means to be a self and misunderstand what it means to be (part of) a we. In presenting this (...) argument, the article seeks to demonstrate that a thorough investigation of collective intentionality has to address the status and nature of the we, and that doing so will require an analysis of the relation between the we and the I, which in turn will call for a more explicit engagement with the question of selfhood than is customary in contemporary discussions of collective intentionality. (shrink)

In this article, we explore the potential contribution of care ethics to the field of media ethics. In the first part of this article, we discuss the theoretical and philosophical background of the ethics of care. In the second part, we suggest some specific avenues for theoretical, critical, and practical applications of care ethics to the field of journalism and media ethics.

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (shrink)

In Between Facts and Norms Habermas both accepts the place of distinctively ethical considerations about ‘the good’ in political deliberation, and advances a particular view of the nature and justification of ethical judgments. Whilst welcoming the former, this paper criticises the latter, with its focus on issues of identity and self-understanding, and suggests instead a broadly Aristotelian alternative. The argument proceeds, first, through a detailed engagement with Habermas’s theoretical claims about ethical reasoning in politics, in which it is argued that (...) he fails to show how different ethical possibilities can be critically evaluated, and second, through the analysis of a practical example, that of a political choice being made between different kinds of capitalism. Here the paper draws on recent work in comparative political economy on the institutional differences between varieties of capitalism, and uses this to contrast the implications of Habermas’s conception of ethics, according to which what would matter is the congruence between economic institutions and a political community’s historically shaped identity, with those of its preferred alternative, which requires a comparison between the different conceptions of the good that each kind of capitalism institutionally favours, and collective judgments about their respective contributions to human well-being. (shrink)

Utilitarianism has dominated media ethics for a century. For Mill, individual autonomy and neutrality are the foundations of his On Liberty and System of Logic, as well as his Utilitarianism. These concepts fit naturally with media ethics theory and professional practice in a democratic society. However, the weaknesses in utilitarianism articulated by Ross and others direct us at this stage to a dialogic ethics of duty instead. Habermas's discourse ethics, feminist ethics, and communitarian ethics are examples of duty ethics rooted (...) in the dialogic relation that enable us to start over intellectually. (shrink)