Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a (...) nudge program in worlds like ours. Drawing on Miranda Fricker’s account of epistemic injustice, I argue that the cogent defense of any nudge program, relative to worlds like ours, stands in need of serious attention to its potential for fostering or sustaining epistemic injustice. A more specific point hinges on recognizing a form of epistemic injustice not enough attended to in the literature to date, which I call reflective incapacitational injustice. This includes relative disadvantages in the attaining of the capacity to engage in critical reason, such as the capacity to go in for potentially critical reasoned deliberation and discursive exchange concerning ends. Since Cass Sunstein’s First Law of behaviorally informed regulation would be taken, in worlds like ours, to justify indeterminately many nudges leading to such epistemic injustice we have general grounds for doubting the moral permissibility of this nudge program. We should hence oppose the implementation of any such program until it is shown not to violate the demands of epistemic justice. (shrink)

The paper offers five desiderata on a realist normative theory of politics: that it should avoid moralism, deontologism, transcendentalism, utopianism, and vanguardism. These desiderata argue for a theory that begins from values rooted in a people’s experience; that avoids prescribing a collective deontological constraint; that makes the comparison of imperfect regimes possible; that takes feasibility and sustainability into account; and that makes room for the claims of democracy. The paper argues, in the course of exploring the desiderata, that a neo-republican (...) philosophy of government does pretty well in satisfying them. (shrink)

This paper develops a domination-based practice-dependent approach to justice, according to which it is practices of systemic domination which can be said to ground demands from justice. The domination-based approach developed overcomes the two most important objections levelled to alternative practice-dependent approaches. First, it eschews conservative implications and hence is immune to the status quo objection. Second, it is immune to the redundancy objection, which doubts whether empirical facts and practices can really play an irreducible role in grounding justice. In (...) theorising dominating practices in terms of practices of social power, a domination-based approach makes justice dependent on factual information in three ways: First, the principle of non-domination is indeterminate and can only be spelled out by taking into view particular contexts of domination. Second, the principle of non-domination is conditional on the existence of practices of social power. Third, social power possesses a structural ontology – to know whether A has social power over B we need to turn to social rules distributing agents' higher order status of normative authority towards each other. This explains in what way practices of social power – and of domination – are both factual and normative practices and hence how such practices are non-redundant in grounding justice. (shrink)

There seem to be good reasons that democratic institutions must be reformed in order to minimize the danger of unsustainable policy decisions infringing upon duties of intergenerational justice. This is why there exist a number of different proposals of how to reform democratic states in order to foster their duties towards the future. However, the debate lacks a systematic assessment of these suggested reforms within a coherent theoretical and norma-tive framework. This paper aims at developing such a framework. We suggest (...) two conceptual dimensions defining the spectrum of different justi-fiable institutional reforms: the relation between democracy and justice as one dimension and the conditions considered relevant for viewing democracies as responsible collective agents as the other. Depending on how we understand this relation and these conditions, it is possible to substantiate a set of types of institutional reforms that will promote democracies’ capacities to comply with their responsibilities towards the future. (shrink)

It has become a commonplace in neo-republican thinking to claim that if the notion of rights can be allowed a place in republican political theory, it can never achieve the prominence that liberalism allegedly grants it. Philip Pettit’s book, Republicanism, provides several arguments to buttress this thesis. This article aims at examining these arguments in order to show that once properly stated, they must on the contrary be considered as powerful arguments to the effect that republicans take rights very seriously.

The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already (...) yielded important insights to discussions of political education. However, consideration of the existing republican educational discourse in light of the wide range of issues discussed in Pettit’s recent works reveals that it suffers from two major lacunae. First, it does not take into consideration the distinction (and deep connection) between democracy and social justice that has become central to Pettit’s republicanism. Thus, the current discussion focuses almost exclusively on education for democratic citizenship and hardly touches upon social justice. Second, the current literature thinks mainly in terms of educating future citizens, rather than conceiving of students also as political agents in the present, and of school itself as a site of non-domination. This paper aims at filling these voids, and it will therefore be oriented along two intersecting axes: the one between democracy and justice, and the other between future citizenship in the state and present citizenship at school. The resulting four categories will organize the discussion: future citizens and democracy; future citizens and social justice; present citizens and democracy; present citizens and social justice. This will not only enable us to draw a clearer line between the civic republican and liberal educational theories, but also make civic republican education a viable alternative to current educational approaches. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

According to Alasdair Cochrane, liberty can have value for most animals only because it allows them to obtain other desirable things, such as well-being. With this he concludes that humans can continue to use other animals as long as they treat them well. In this article, I reject this conclusion by arguing against the positive conception of liberty in favor of its negative or republican conception. I suggest that it is sufficient for a being to be capable of agency in (...) order to have an interest in liberty, which deserves to be protected by the right to be free. (shrink)

Deliberative democracy has been castigated by those who regard it as exclusive and elitist because of its failure to take into account a range of structural inequalities existing within contemporar...

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. I (...) argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

As a starting point this paper takes Dewey’s nowadays often stressed modernity and examines his social philosophy against the background of the current debates on republicanism and communitarianism. Particularly, the anaysis of Dewey’sThe Public and its Problem concludes that the attention being paid to Dewey is problematic as specific religious assumptions — explicitly developed inA Common Faith -lie in the background of his social philosophy, and are hardly being recognized. However, as it shall be shown, without considering the religious basis, (...) neither Dewey’s social philosophy nor his educational theory can be properly understood. (shrink)

It has been argued that the Internet and social media increase the number of available viewpoints, perspectives, ideas and opinions available, leading to a very diverse pool of information. However, critics have argued that algorithms used by search engines, social networking platforms and other large online intermediaries actually decrease information diversity by forming so-called “filter bubbles”. This may form a serious threat to our democracies. In response to this threat others have developed algorithms and digital tools to combat filter bubbles. (...) This paper first provides examples of different software designs that try to break filter bubbles. Secondly, we show how norms required by two democracy models dominate the tools that are developed to fight the filter bubbles, while norms of other models are completely missing in the tools. The paper in conclusion argues that democracy itself is a contested concept and points to a variety of norms. Designers of diversity enhancing tools must thus be exposed to diverse conceptions of democracy. (shrink)

This essay argues that the neo-Roman republican principle of "non-domination," as developed in the recent work of Philip Pettit, cannot serve as a single overarching political ideal, because it responds to only one of two important dimensions of concern about human agency. Through critical engagements with several aspects of Pettit's work, ranging from his philosophical account of freedom as "discursive control" to his appropriation of the distinction between dominium and imperium, the essay argues that the idea of domination, which responds (...) to concerns about "control," needs to be supplemented by the idea of usurpation, which responds to questions about "involvement"; and it shows how attention to both domination and usurpation (and to the interaction between them) can shed light on such phenomena as imperialism, slavery, and democracy. (shrink)

This essay examines the political trials through which, according to Machiavelli's Discourses, republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing guilty (...) parties and discouraging retaliatory reprisals, including foreign intervention. On the other hand, frankly acknowledging the power disparities that exist in every republic, Machiavelli outlines how political trials enable pro-plebeian magistrates and populist reformers to thwart patrician-generated smear campaigns and oligarchic conspiracies. (shrink)

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the possession of a (...) certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of su... (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

Development ethicists see reducing intrahousehold gender inequality as an important policy aim. However, it is unclear that a minimalist cross-cultural consensus can be formed around this goal. Inequality on its own may not bring women beneath a minimal welfare threshold. Further, adherents of complementarian metaphysical doctrines may view attempts to reduce intrahousehold inequality as attacks on their worldviews. Complicating the justificatory task is the fact that familiar arguments against intrahousehold inequality, including those from agency and self-esteem, depart from premises that (...) complementarians reject—premises about the value of independence or the moral irrelevance of gender. I propose that development ethicists should offer complementarianism-compatible arguments against the norms and practices constitutive of intrahousehold inequality. I develop arguments against two intrahousehold inequality-supportive practices that depart from complementarian premises. Specifically, I argue that patriarchal risk and gender schemas that devalue women's labor prevent men from discharging complementarian duties to promote women's welfare. (shrink)

Philip Pettit is the most important contemporany advocate of the republican tradition in political philosophy. He advances a concept of freedom as non-domination, and constrasts it with the liberal conception of freedom as non-interference. He claims that two features distinguish domination from interference: The capacity of interference , and the fact that the interference is arbitrary. I shall argue that Pettit´s republicanism is not sufficiently differente from liberalism, certainly not from John Rawls´s liberalism. The only relevant difference between republicanism and (...) liberalism is related to : the notion of arbitrariness. Yet this difference makes republicanism an unattractive version of liberalism, insofar as it, paradoxically, allows for republicanism to legitimize a grave form of domination, paternalism, and, in general, domination coming from the state. This problem gets exacerbated by Pettit´s consequentialist framework. (shrink)

If militarism violates the ideals of liberty and justice in one way, and rapidly increasing social stratification violates them in another, then American democracy is in crisis. A culture of democratic accountability will survive only if citizens revive the concerns that animated the great reform movements of the past, from abolitionism to civil rights. It is crucial, when reasoning about practical matters, not only to admit how grave one's situation is, but also to resist despair. Therefore, the fate of democracy (...) depends, to some significant degree, on how we choose to describe the crisis. Saying that we have already entered the new dark ages or a post-democratic era may prove to be a self-fulfilling prophecy, because anyone who accepts this message is apt to give up on the hard work of organizing and contestation that is needed to hold political representatives accountable to the people. This paper asks how one might strike the right balance between accuracy and hope in describing the democracy's current troubles. After saying what I mean by democracy and what I think the current threats to it are, I respond to Romand Coles's criticisms of reservations I have expressed before about rhetorical excess in the works of Stanley Hauerwas, Alasdair MacIntyre, and Richard Rorty. This leads to a discussion of several points raised against me by Hauerwas. A digression offers some of my reasons for doubting that John Howard Yoder's biblical scholarship vindicates Hauerwas's version of pacifism. The paper concludes by arguing that Sheldon Wolin's work on the evisceration of democracy, though admirably accurate in its treatment of the dangers posed by empire and capital, abandons the project of democratic accountability too quickly in favor of the romance of the fugitive. (shrink)

En este trabajo proponemos examinar una doble exigencia formulada por Kant en El conflicto de las Facultades –a saber, la exigencia de libertad y la exigencia del orden–, a fin de señalar la premisa básica subyacente a dicha exigencia, esto es: la idea de que el orden público constituye la condición fundamental para la preservación del estado civil, entendido como el único estado en el que los hombres pueden ejercer plenamente su derecho innato a la libertad. Atendiendo a este objetivo, (...) examinaremos el modo en que Kant caracteriza la contienda entre las Facultades, destacando el sentido eminentemente político del conflicto, y analizaremos la función específica que asigna a cada una de las Facultades, haciendo especial énfasis en la determinación de los límites establecidos para el libre ejercicio de la razón filosófica. (shrink)

Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...) Fou-cault's later works, especially The Subject and Power, as a solution to the problem of freedom. It is mistaken, because it conflates different concepts of freedom that are present in Foucault's work. By differentiating these concepts, this paper proposes a new institutionalist approach to solve the problem of freedom that breaks with the partly anarchist underpinnings of Foucault scholarship: As freedom as critique is not given, but itself a result of subjectification, it entails a demand for 'modal robustness' and must therefore be institutionalized. This approach helps to draw out the consequences of Foucault's thinking on freedom for postfoundationalist democratic theory and the general social-philosophical discussion on freedom. (shrink)

On dit souvent que l’affaire Dreyfus a été un moment clé dans l’histoire du républicanisme français. Mais le sens philosophique de ce tournant reste à élucider. Il n’est pas sûr, en effet, que le discours républicain se réduise alors à une apologie de l’individu et de la justice contre la raison d’État. L’objectif de cet article est d’analyser les arguments mobilisés dans le camp dreyfusard par certaines figures du socialisme républicain, comme Jean Jaurès, ou du républicanisme comme Alfred Fouillée et (...) Émile Durkheim notamment. L’examen des positions de Célestin Bouglé, jeune sociologue proche de Durkheim, est ici privilégié: il se situe, par sa biographie et son oeuvre, au carrefour des diverses tendances, du positivisme au néo-criticisme. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a recent debate (...) on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

I elicit some of Foucault’s insights to provide a more realistic picture than is the norm in social and political theory of how best to identify and overcome domination. Foucault’s vision is realized best, I argue, by combining his account with two related conceptions of domination based on human needs and realistic accounts of politics that focus on agency, power and interests. I defend a genealogical, inter-subjective account of how the determination of needs and interests forms the basis of ascertaining, (...) on a continuum, the extent to which relations of power generate states of domination. To that end I propose institutional changes that would empower citizens in positive and negative ways: power over legislation in district assemblies and via veto and repeal; real control over representatives through various means; and decennial constitutional plebiscites. (shrink)

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...) more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project. (shrink)

The notion of the common good has been cited as a key constituent of citizenship education in England, within which the development of a concern for the common good represents a key disposition. The term has, however, received little critical attention to date within the discourse of the subject, either in terms of its theoretical basis or its educational function and form. For this reason to develop the common good represents an ill‐defined aim of the citizenship education in schools. This (...) article seeks to redress this by critically engaging with different formulations of the common good within recent civic republican political theory. More specifically, it attempts to delineate between notions of the common good that are essentially moral and notions that emphasise political understandings of the term, and which, in so doing, minimise the moral. On the basis of this exploration a number of issues are raised for citizenship education in England and it is suggested that to fail to view the common good as a moral enterprise is inherently problematic. (shrink)

El presente artículo comienza reconstruyendo las razones por las cuales las teorías modernas se concentran en la ciudadanía como una garantía muy importante de legitimidad -arguyendo que la ciudadanía está intrínsecamente ligada a una forma republicana de orden político. La segunda parte del artículo muestra que, bajo las actuales condiciones de la globalización, la ciudadanía crea o mantiene un orden transnacional multinivel que impide que otras personas y políticas puedan realizar una ciudadanía (completa), y que incluso contribuyen a violaciones directas (...) de exigencias legítimas por parte de no-ciudadanos. La tercera parte discute críticamente las propuestas de Archibugi, Owen y Baubóck acerca de cómo repensar la ciudadanía transnacional o formas equivalentes de participación y control. En la parte final, el artículo aboga por una conexión entre la concepción de la ciudadanía constelación y una forma específica de democracia transnacional. Tal conexión permitiría a la ciudadanía seguir siendo el factor clave para la legitimidad. This article starts by reconstructing the reasons for the modern focus on citi-zenship as a major guarantee for legitimacy - arguing that citizenship is intricately linked to a republican form of political order. In its second part this paper shows that under the current conditions of globalization citizenships creates or maintains a transnational multi-level order which prevents other persons and polities from realizing (full) citizenship, and even contributes to direct violations of legitimate claims of non-citizens. The third part of the article critically discusses proposals by Archibugi, Owen and Baubóck, how to rethink transnational citizenship or equivalent forms of participation and control. And in its final part it advocates linking the conception of constellational citizenship to a specific form of trans-national democracy. With such a link citizenship could continue to be the key factor for legitimacy. (shrink)

In this paper I propose and develop a social account of global autonomy. On this view, a person is autonomous simply to the extent to which it is difficult for others to subject her to their wills. I argue that many properties commonly thought necessary for autonomy are in fact properties that tend to increase an agent’s immunity to such interpersonal subjection, and that the proposed account is therefore capable of providing theoretical unity to many of the otherwise heterogeneous requirements (...) of autonomy familiar from recent discussions. Specifically, I discuss three such requirements: (i) possession of legally protected status, (ii) a sense of one’s own self-worth, and (iii) a capacity for critical reflection. I argue that the proposed account is not only theoretically satisfying but also yields a rich and attractive conception of autonomy. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...) entire realm of wrongdoing, but with conduct falling within the public realm of our civic life; the need to look at the different processes of criminalization, and to ask what kinds of consideration can properly figure in those processes; the need to attend to the relationship, and the essential differences, between criminal law and other modes of legal regulation. (shrink)

Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

With her conception of epistemic injustice, Miranda Fricker has opened up new normative dimensions for epistemology; that is, the injustice of denying one?s status as a knower. While her analysis of the remedies for such injustices focuses on the epistemic virtues of agents, I argue for the normative superiority of adapting a broadly republican conception of epistemic injustice. This argument for a republican epistemology has three steps. First, I focus on methodological and explanatory issues of identifying epistemic injustice and argue, (...) against Fricker, that identity prejudice fails to provide a sufficient explanatory basis for the spread and maintenance of such systematic epistemic injustice. Second, this systemic basis can be found not so much in the psychological attitudes of individual knowers, but in the relations of domination among groups and individuals in a society. Third, if such a presence of domination plays a primary explanatory role in all forms of epistemic injustice, it is likely that those who suffer from epistemic injustice will also suffer other forms of injustice and loss of status via the exercise of other forms of power and exclusion. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

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)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

Some theorists, worried about liberalism’s potential as a foundation for public health ethics, suggest that republicanism provides a better background of justification for public health policies, interventions, etc. In this article, this suggestion is put to the test, and it is argued that (i) contemporary (civic) republicanism and liberalism are not nearly as opposed as it is sometimes suggested, and that (ii) the kind of republicanism which one leading scholar in the field, Bruce Jennings, as an alternative to liberalism, does (...) not reflect the contemporary understanding of republicanism as held by, e.g. Phillip Pettit et al. (shrink)

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing (...) their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

The chapters of Rousseau’s Social Contract devoted to republican Rome prescribe institutions that obstruct popular efforts at diminishing the excessive power and influence of wealthy citizens and political magistrates. I argue that Rousseau reconstructs ancient Rome’s constitution in direct opposition to the more populist and anti‐elitist model of the Roman Republic championed by Machiavelli in the Discourses: Rousseau eschews the establishment of magistracies, like the tribunes, reserved for common citizens exclusively, and endorses assemblies where the wealthy are empowered to outvote (...) the poor in lawmaking and elections. On the basis of sociologically anonymous principles like generality and popular sovereignty, and by confining elite accountability to general elections, Rousseau’s neo‐Roman institutional proposals aim to pacify the contestation of class hierarchies and inflate elite prerogative within republics – under the cover of more formal, seemingly more genuine, equality. (shrink)

The concept of the public realm is the most fundamental of all political concepts because it is only the shared relationship it constitutes between rulers and ruled that makes government more than mere domination. It is therefore not surprising that the question of how the public realm is to be defined has been a central concern of political thinkers from Plato to more recent philosophers like Hannah Arendt. Although the answers they have given have of course varied greatly, what is (...) relevant in the present context is simply the assumption, for well over two thousand years, that there could be an answer. What is novel today, by contrast, is the increasing realization that political theory cannot in principle provide philosophical guidance of any kind about how the public realm can be finally and definitively identified, in a way which would clearly distinguish it from the private realm and thereby enable an incontestable limit to be set to the proper scope of politics and of state action. The present essay considers how some leading contemporary political thinkers have responded to this situation. (shrink)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

Fullerand Rouse are both political social epistemologists concerned with the cognitive authority of science, though both disagree on what role it should play in science. Fullerar gues that political factors such as knowledge policy and a constitution play a primary role in the global legitimation of scientific knowledge, while Rouse holds that politics play a role on the local (practices) level but not on the global (metascientific) level of legitimation. While Fullerpr ovides a political response to the legitimation project, Rouse (...) rejects the legitimation project because he holds that it involves the need forglobal legitimation of the place of scientific knowledge in our culture. Key Words: legitimation project • social epistemology • epistemic sovereignty • metascience • scientific knowledge. (shrink)