This article explores Jürgen Habermas’s critical employment of Noam Chomsky’s insights and the philosophical assumptions that motivate or justify Habermas’s early enrichment of his universal pragmatics with material drawn from generative linguistics. The investigation of the influence Chomsky’s theory has exerted on Habermas aims to clarify what Habermas means by universalism, reason embedded in language and the universal core of communicative competence—away from various misinterpretations of Habermas’s rationalist commitments and from reductive, conventionalist readings of his notion of consensus. Much against (...) hasty and unexamined incriminations of Habermasian pragmatics, a turn to a neglected and scantly researched topic such as the philosophical affinity of some Chomskian and Habermasian themes (and to the philosophical justification of the points where Chomsky and Habermas part company) will retrieve the kind of depth and nuance that may lead us beyond facile and simplistic understandings of what discursively reaching consensus might mean from a Habermasian point of view. (shrink)

Responding to Jan Masschelein's discussion of critical distance and the trivialisation of critique in his ‘How to Conceive of Critical Educational Theory Today?’, I draw attention to the antinomic character of immanence and transcendence—that is, to the way that it entails both non-circumventible necessity and omnipresent risks. I argue that the discourse of critical thinking in education is exemplary of the tensions generated by such consolidated meanings. Through this prism, I aim to offer a nuanced account of ways in which (...) the trivialisation of critique nurtures narcissistic and conformist tendencies that do not leave unaffected any critical philosophical line of thought. To illustrate my critique of contemporary critical education of all persuasions, I deal with an ethics of reading and writing. I suggest that, rather than encouraging cynicism and an abdication of responsibility, this antinomic character of critique should discourage any complacent and one-sided reliance on one's own tradition. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

One of the reasons why critical discourse analysis calls itself critical is because its perspectives of discourse and society are derived largely from critical social theory. Transferring these perspectives to educational contexts requires that teachers develop workable pedagogic frameworks and procedures which apply CDA principles and practices to the reading and discussion of texts in the classroom. If these are to be considered ‘critical’, it seems useful that these are also derived from critical social theory. This type of critical theorisation (...) seems to be underdeveloped in a CDA which relies principally on systemic functional linguistics for its procedural attitude to the text. This paper suggests a possible development of this space in which exegetic procedure and discussion are theorised from critical perspectives in the thought of Adorno, Derrida and Habermas, and according to systemic perspectives in the work of Foucault. The paper also presents a framework of analysis for use by teachers and students which is based on these perspectives. (shrink)

Among those who know Yehuda's work, the term “two-tier thinking” is usually associated with a problematic relativist position. But “two-tier thinking” is not a name for a philosophical argument; it is best understood, I think, as a term designating certain conditions of knowledge: universal, or modern, or perhaps only postmodern conditions, but in any case, they are generalizations derived from anthropological and psychological observations on matters of facts. This is how things actually work in the sphere of knowledge: Western intellectuals (...) and scientists tend to acknowledge that their truth claims and certainly their normative claims are incompatible with other claims that stem from other belief systems, frameworks of thought or genres of discourses, and there is no final, impartial instance of judgment to adjudicate between the incompatible claims and the conflicting systems. Lack of “final,” impartial judgment does not hinder people from taking their truth claims seriously and acting as realists within the world constituted by their particular belief systems — tier 1. But when they come to reflect upon it, as some of them do, sometimes, they acknowledge the context-dependence of this realism and the fact that there is no way to make good on its claim to universality; theirs, they know, is but one particular “belief system,” or “genre of discourse,” among many. (shrink)

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of ‘political violence’, I argue that critical theory should be focused on experiences of injustice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, Jürgen Habermas has not addressed this (...) issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice. (shrink)

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of 'political violence', I argue that critical theory should be focused on experiences of in justice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, J rgen Habermas has not (...) addressed this issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice. (shrink)

Minorities comprise a tiny fraction of media owners, and continued media consolidation exacerbates existing disparities. This article examines this problem by integrating the work of Jurgen Habermas and Jacques Ellul. These theorists identify a common concern—described alternately as technicization and colonization—involving homogenization of content, loss of localism, and decreased ownership diversity. In different ways, each acknowledges the possibility that social action can make a difference. Habermas' discourse ethics provides a normative foundation for arguing on behalf of ownership diversity and policy (...) reform. Though Ellul is skeptical of institutional reform, he offers a complementary vision of concrete action on the part of local, independent community groups. While their solutions are different, we argue that both are necessary. Media reform efforts must incorporate both Habermasian and Ellulian approaches by supplementing federal regulatory reform with independent grassroots activism. A combination of such efforts is essential to the movement's success. (shrink)

Background:The theoretical framework of Jϋrgen Habermas suggests that effective communication requires competent participants with an objective attitude that complies with the rules and worlds designated as objective, social and subjective. This situation determines communicative action, which stimulates the search for mutual understanding and results in a process of interaction that promotes self-determination.Objectives:In this study, the discharge letters of patients with myocardial infarction were explored regarding the provision of information. The patient’s right to information and the duty of informing were analysed (...) according to the perspective of Jϋrgen Habermas.Research design:This was a cross-sectional analysis of all discharge letters that were directly related to nursing interventions regarding the provision of information to 106 patients. In this major study, the difficulties faced by patients who experienced a myocardial infarction and the changes in their lifestyles were analysed based on the type of information received.Ethical considerations:The hospital Ethics Committee approved the study, which complied with ethical principles and required informed consent.Findings:In the nursing letters, interventions related to the provision of information were conducted at an average of 3.59 interventions per patient. For 8.5% of the patients, however, no interventions related to the provision of information were performed. The most common area of information during hospitalisation was related to the management of signs and symptoms and applied to 90.6% patients.Discussion:The nursing interventions did not cover patient education, transition processes or awareness of the disease. Thus, the right to information can be questioned.Conclusion:Information is a right, and communication is extremely important. Health professionals should be aware of this importance regarding both care management and the satisfaction guarantee. The sharing of information by health professionals based on their competency is essential for patients to exercise their right to self-determination and decision-making. (shrink)

I will discuss two themes that can be found in Mark Sagoff's most recent book, Price, Principle, and the Environment. Built from pieces fashioned in his entertaining and incisive critical es...

Through an international case study, this paper illustrates how a conversation method was used effectively to address a cross-cultural ethics problem. The method included as moments in one continuous process three different dimensions of postmodernism-Gadamer reconstruction, Derrida deconstruction, and Rorty neopragmatism. In addition to including different dimensions of postmodernism, the method combines effective mutual learning and effective action. Strengths and limitations of the approach are discussed. The article demonstrates how it can be beneficial to build bridges between and within the (...) postmodernism and organization ethics literatures. Also, the article demonstrates how postmodernism can be positively ethical and not necessarily aethical or nihilistic. (shrink)

Organization ethics praxis is theory and method of appropriate action for addressing ethics issues and developing ethical organizations. The perspective of praxis (theory and method of action) is important and different from the perspectives of theoria (theory of understanding), epistemology (ways of knowing), and ontology (ways of being/existing). Praxis is the least developed area within the field of organization ethics. Differences between theoria and praxis are considered within the context of Kohlberg—Gilligan developmental ethics where part of the controversy may be (...) unnecessary due to Kohlberg’s concentrating on epistemology and theoria, but not praxis; and, Gilligan’s considering aspects of praxis with epistemology and theoria. Differences between epistemology and praxis perspectives are considered in the contexts of two cases: Socratic “double-loop” action-learning conversations the night before the Challenger explosion; and, “triple-loop״ action-learning in a cross-cultural Boston—Indonesia child worker safety, acid-washed jeans case. (shrink)

In his moral theory, named ‘discourse ethics,’ Jürgen Habermas holds that a norm is morally valid only when it is universalizable. He establishes the principle of universalization as the procedural principle for testing the moral validity of norms in moral discourse. He argues that this principle can be derived from the pragmatic presuppositions of argumentation in general. By explicating the fiduciary status of pragmatic presuppositions of argumentation, and by distinguishing perspectival from comprehensive universalization, I argue that Habermas fails to justify (...) his moral principle.Dans sa théorie morale, dénommée «éthique de la discussion», Jürgen Habermas considère qu’une norme n’est moralement valide que lorsqu’elle est universalisable. Il propose le principe d’universalisation comme principe de procédure pour tester la validité morale des normes dans une discussion pratique. Il fonde ce principe sur les présuppositions pragmatiques de l’argumentation en général. Par la présentation du statut fiduciaire de ces dernières, et en distinguant l’universalisation partielle de l’universalisation globale, cet article vise à montrer pourquoi Habermas ne parvient pas à justifier son principe moral. (shrink)

This paper presents the results of a Catalan project in which an academic institution acted as a practitioner to promote corporate social responsibility (CSR) in small and medium-sized enterprises (SMEs). The project involved the establishment of a working network with intermediate organisations and the creation of specific tools for the purpose. The paper is set up as a case study, emphasising inclusion, representativity and legitimacy as key elements for the successful construction of a network to promote CSR in SMEs. It (...) underlines the assumptions behind the functioning of this network and the learning findings from this public–private initiative. Presented from a public policy perspective, the paper emphasises the need for coordination in terms of the growing number of initiatives fostering CSR in SMEs. It presents a brief account of the material results, focusing on the process of creating a consensus within the network. It opens up a path for future research, exploring how network management and leadership can be seen as key issues when talking about corporate social responsibility (CSR) promotion in SMEs. (shrink)

This paper presents the results of a Catalan project in which an academic institution acted as a practitioner to promote corporate social responsibility (CSR) in small and medium-sized enterprises (SMEs). The project involved the establishment of a working network with intermediate organisations and the creation of specific tools for the purpose. The paper is set up as a case study, emphasising inclusion, representativity and legitimacy as key elements for the successful construction of a network to promote CSR in SMEs. It (...) underlines the assumptions behind the functioning of this network and the learning findings from this public–private initiative. Presented from a public policy perspective, the paper emphasises the need for coordination in terms of the growing number of initiatives fostering CSR in SMEs. It presents a brief account of the material results, focusing on the process of creating a consensus within the network. It opens up a path for future research, exploring how network management and leadership can be seen as key issues when talking about corporate social responsibility (CSR) promotion in SMEs. (shrink)

The transformative university is a reflective and critical university that attempts to transform the world so as to live under democratic values of freedom, inclusion, equality and justice. It is a...

I argue that several recent criticisms Lopez Frias has made against my conventionalist version of broad internalism fail to hit their mark. I further argue that the author's use of Habermas's account of discourse ethics to make his criticisms also misfires because Habermas expressly warned against using his account to resolve normative conflicts that arise from the often conflicting ways different communities order their ethical lives, to include their athletic lives. My main aim in responding to Lopez Frias was to (...) bring critical attention to the normative difficulties that result when we cannot agree on how sport should be done because we cannot agree on what is/are the purpose of sport. (shrink)

In a near-future world of bionics and biotechnology, the main ethical and political issue will be the definition of who we are. Could biomedical enhancements transform us to such an extent that we would be other than human? Habermas argues that any genetic enhancement intervention that could potentially alter ‘human nature’ should be morally prohibited since it alters the child’s nature or the very essence that makes the child who he is. This practice also commits the child to a specific (...) life project or, in any case, it puts specific restrictions on his freedom to choose a life of his own. Ultimately, genetic enhancement jeopardizes the very foundations of moral equality. I contend that Habermas’ argument is based either on a series of presuppositions that imply a gross misunderstanding of evolution or the relevant factual information cocerning the action we are about to morally assess is not empirically supported. Hence, the argument from human nature is based on a series of false or problematic assumptions, and, as such, it fails to play the normative role intended by Habermas. (shrink)

Through established modern theories of design thinking, the internalization of environmental design through studio education is fundamentally a construct of ego-centrism. This fact subsequently inhibits an intersubjective and discursive professional ethic. Alternatively, a pedagogy set within a construct of practical discourse could ground an ethical construction of practice which more accurately reflects the realities of intersubjectivity found in human learning, in the best possibilities of studio education, and in the discursive processes fundamental to environmental design in society.

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

This article analyses the reception of John Rawls's thought by Otfried Höffe, Jürgen Habermas and other political theorists on the German liberal left. It argues that, ironically, as Rawls's theory has become more historically self-conscious and sociologically oriented since A Theory of Justice, Habermas, while denying any fundamental difference between him and Rawls in this `neo-Kantian family quarrel', has moved in the opposite direction. One might even say that there has been some mid-Atlantic convergence in political theory. Nevertheless, there remain (...) peculiarities of German political thought, in particular its more sociological bent, a (positive or negative) fixation on the state, and the persistently felt need finally to reconcile a perceived conflict between liberalism and democracy. (shrink)

Empirical research into the ethics of emerging technologies, often involving foresight studies, technology assessment or application of the precautionary principle, raises significant epistemological challenges by failing to explain the relative epistemic status of contentious normative claims about future states. This weakness means that it is unclear why the conclusions reached by these approaches should be considered valid, for example in anticipatory ethical assessment or governance of emerging technologies. This paper explains and responds to this problem by proposing an account of (...) how the epistemic status of uncertain normative claims can be established in ethical and political discourses based on Jürgen Habermas’ discourse ethics. To better understand the nature of the problem, the relationship between norms, facts and the future is explored in light of potential meta-ethical fallacies faced in the field of empirical ethics. Weaknesses of current approaches to anticipatory ethical assessment and governance are then explored, including the Precautionary Principle and Technology Assessment. We argue that the epistemic status of uncertain normative claims can be understood within Habermas’ approach to political discourse, which requires ‘translation’ of uncertain claims to be comprehensible to other stakeholders in discourse. Translation thus provides a way to allow for uncertain normative claims to be considered alongside other types of validity claims in discourse. The paper contributes a conceptual account of the epistemic status of uncertain normative claims in discourse and begins to develop a ‘methodology of translation’ which can be further developed for approaches to research and ethical assessment supporting anticipatory evidence-based policy, governance and system design. (shrink)

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)

The paper connects two central ethical views, both with a rich tradition, sentimentalism and contractualism. From the former, it also borrows the response-dependentist metaphysics. The idea of combining the two has been sketched before, but not systematically and explicitly; for instance, in various comments on classical authors, especially on Kant and elsewhere, most prominently in Habermas. Here is the kernel of the present proposal. Our initial practical intuitions are emotion-based and the values, when detected, are response-dependent. This is the starting (...) point borrowed from sentimentalism. These intuitions get improved by reflection, and by dialogue that crucially involves perspective taking. If all goes well, this results in insights, in particular into principles that all rational parties can agree about in a kind of “contract.” This brings two traditions, the one of David Hume and Adam Smith, and the other of Kant, together. The resulting theory would be a kind of sentimentalist, response-dependentist contractualism. (shrink)

Until recently, businesses and corporations could argue that their only real commitments were to maximise the return to their shareholders whilst staying within the law. However, the world has changed significantly during the last ten years and now most major corporations recognise that they have significant responsibility to local and global societies beyond simply making profit. This means that there is now an increasing concern with the question of how corporations, and their employees, ought to behave, and this leads us (...) to consider ethics as the appropriate theoretical and philosophical domain.I will bring into the debate two relatively recent approaches to ethics: Jürgen Habermas's discourse ethics ; and the critical realist approach of Roy Bhaskar. These are interesting for several reasons: they both draw on traditional ethical theories, although different ones; they bring in innovations of practical relevance; and they both share an over-arching critical perspective. After a critical introduction to both ethical theories, their similarities and differences are explored. The article ends by considering the extent to which they may be practically useful within business. (shrink)

Classroom discussion practices that can lead to reasoned participation by all students are presented and described by the authors. Their research emphasizes the careful orchestration of talk and tasks in academic learning. Parallels are drawn to the philosophical work on deliberative discourse and the fundamental goal of equipping all students to participate in academically productive talk. These practices, termed Accountable TalkSM, emphasize the forms and norms of discourse that support and promote equity and access to rigorous academic learning. They have (...) been shown to result in academic achievement for diverse populations of students. The authors outline Accountable Talk as encompassing three broad dimensions: one, accountability to the learning community, in which participants listen to and build their contributions in response to those of others; two, accountability to accepted standards of reasoning, talk that emphasizes logical connections and the drawing of reasonable conclusions; and, three, accountability to knowledge, talk that is based explicitly on facts, written texts, or other public information. With more than fifteen years research into Accountable Talk applications across a wide range of classrooms and grade levels, the authors detail the challenges and limitations of contexts in which discourse norms are not shared by all members of the classroom community. (shrink)

As corporations are going global, they are increasingly confronted with human rights challenges. As such, new ways to deal with human rights challenges in corporate operations must be developed as traditional governance mechanisms are not always able to tackle them. This article presents five different views on innovative solutions for the relationships between business and human rights that all build on empowerment, dialogue and constructive engagement. The different approaches highlight an emerging trend toward a more active role for corporations in (...) the protection of human rights. The first examines the need for enhanced dialogue between corporations and their stakeholders. The next three each examine a different facet of empowerment, a critical factor for the respect and protection of human rights: empowerment of the poor, of communities, and of consumers. The final one presents a case study of constructive corporate engagement in Myanmar (Burma). Altogether, these research projects provide insight into the complex relationships between corporate operations and human rights, by highlighting the importance of stakeholder dialogue and empowerment. All the five projects were presented during the Second Swiss Master Class in Corporate Social Responsibility, held in Lausanne, Switzerland on December 12, 2008. The audience for this conference, which examined business and human rights, was composed of researchers, governmental representatives, and business and non-governmental organization practitioners. (shrink)

Moral legitimacy entails intrinsic value and helps executives convince firm’s stakeholders and the general public of the ethical acceptability of an institution or its activities or projects. Social license to operate is the social approval of those affected by a certain business activity, and it is receiving increasing attention, especially in the context of controversial projects such as mining and public works. Moral legitimacy provides ethical support to SLO. Drawing from the Aristotelian-Thomistic tradition and taking substantive justice and the common (...) good of society as the key references, this paper applies the Triple Font of Morality Theory and proposes four criteria which serve to evaluate moral legitimacy: contribution of the project or activity to the common good in a better way than other alternatives, morality of the means and procedures employed, ethical evaluation of the situation including stakeholder concerns and needs, and ethical evaluation of reasonably foreseeable consequences associated with the project and how to minimize possible damage or risks, and balance foreseeable negative consequences and benefits. The application of these criteria is illustrated through a project, presented as a case study, which certainly involved controversy and problems with SLO. The project was the construction of a rail tunnel for a high-speed train near the foundations of the Sagrada Familia, the well-known monumental church in Barcelona, Spain. (shrink)

Food production, water management, land use, and animal and public health are all topics of extensive public debate. These themes are linked to the core activities of the agricultural sector, and more specifically to the work of farmers. Nonetheless, the ethical discussions are mostly initiated by interest groups in society rather than by farmers. At least in Europe, consumer organizations and animal welfare and environmental organizations are more present in the public debate than farmers. This is not how it should (...) be. First, because consumers often cannot but rely on agriculture. Second, because recent research shows that farmers have moral beliefs and convictions that appear to be broader than economic considerations and that are—to a certain extent—specific to their profession. This raises the question how to make input from farmers operational in the public debates on the future of farming. We discuss one option: entrusting farmers with professional autonomy concerning moral matters related to farming. We sketch the historical background of the current situation in which farmers are relatively silent on moral matters and we present some clear indications that farmers have values and moral beliefs that are relevant for the public debate. Next the concepts of professionalism and professional autonomy are discussed and applied to the practice of farming. Finally, we discuss the relevance and limits of professional moral autonomy for the agricultural profession. We close with an overview of what this moral autonomy implies for and requires from farmers in practice. We conclude that if some preconditions are met by farmers, then this type of moral autonomy can be relevant for farmers and for society, and contributes to the quality of the public debate on the future of farming. (shrink)

This article describes the logical and rhetorical grounds for a multicultural pedagogy that teaches students the knowledge and skills needed to interact creatively in the public realm betwixt and between cultures. I begin by discussing the notion of incommensurability. I contend that this hypothesis was intended to perform a particular rhetorical task and that the assumption that it is descriptive of a condition to which intercultural interactions are necessarily subjected is an unwarranted extension of the hypothesis as originally conceived. After (...) discussing the hypothetical nature of the notion of incommensurability and its critical role within the discourse of the human sciences, the article examines the usefulness of utopian narratives as examples of incommensurable systems that can be put to pedagogical work. I argue that the comparative study of utopian narratives can provide insight into possible means of creating passageways that lead not from one bounded system to another, but rather to mutually generated and generative pluralistic public cultures in which new norms can be articulated, shared and potentially legitimised. What is crucial to the point I am trying to make is that 'incommensurability' was initially posed as a hypothesis that, while impossible to prove, still served a critical discursive or rhetorical function. This function is one that it can still serve and in an important educational manner, outside the discourse of the human sciences, within a larger, increasingly multicultural and global society. (shrink)

This article describes the logical and rhetorical grounds for a multicultural pedagogy that teaches students the knowledge and skills needed to interact creatively in the public realm betwixt and between cultures. I begin by discussing the notion of incommensurability. I contend that this hypothesis was intended to perform a particular rhetorical task and that the assumption that it is descriptive of a condition to which intercultural interactions are necessarily subjected is an unwarranted extension of the hypothesis as originally conceived. After (...) discussing the hypothetical nature of the notion of incommensurability and its critical role within the discourse of the human sciences, the article examines the usefulness of utopian narratives as examples of incommensurable systems that can be put to pedagogical work. I argue that the comparative study of utopian narratives can provide insight into possible means of creating passageways that lead not from one bounded system to another, but rather to mutually generated and generative pluralistic public cultures in which new norms can be articulated, shared and potentially legitimised. What is crucial to the point I am trying to make is that ‘incommensurability’ was initially posed as a hypothesis that, while impossible to prove, still served a critical discursive or rhetorical function. This function is one that it can still serve and in an important educational manner, outside the discourse of the human sciences, within a larger, increasingly multicultural and global society. (shrink)

In this article I suggest a way of overcoming the traditional dichotomy between analytic and continental philosophy by pointing at some similarities between apparently disparate philosophical approaches, viz. those of Michael Dummett and Jürgen Habermas. The comparison revolves around the so-called 'paradox of analysis', which poses a dilemma concerning philosophical propositions: these are allegedly shown to be either trivial or unsecured. Both Dummett and Habermas offer ways out of the dilemma, through recognition of the intersection of analysis with life. A (...) transcendentally characterized conception of language is conceived by both as the only way to overcome the haunting objective -subjective distinction. Thus they offer fresh insights into the nature of meaning and truth, and the place these occupy within philosophical systems. Both philosophers take the notions of justification and procedural rationality to be primary in the order of philosophical explanation. Meaning is not conceived in terms of representation and truth conditions, but in terms of validity claims. Truth is not viewed as independent and static, but as historically conditioned and constantly unfolding. As a result, even the statements of logic, and certainly those of philosophy, find a place between the alleged emptiness of analyticity and the robust empirical character of science. This common ground represents, I believe, one of the new faces of post-analytic -and hence also post-continental -philosophy. Parts of it are shared by other contemporary philosophers, such as Derrida and Brandom. What marks this new Weltanschauung is the way it surpasses the current eliminativist trends in philosophy. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)

Peters' account of the moral life and the conception of practical reason that informed it reflects a sophisticated moral universalism. However, attempts to extend a similarly sophisticated universalism into our understanding of education are not as well received. Yet, such a project is of clear contemporary relevance given the pressure put on educational institutions to achieve certain ends. If we can show that education entails standards that are not entirely contingent upon current interests, we would have a framework that all (...) institutions seriously claiming to be involved in the enterprise would have to acknowledge. In this paper I argue that a reconstruction of the relationship between Peters' work in philosophical ethics and his conceptual analysis may go some way in showing how one can speak of education in universalistic terms. Accordingly, although many of the criticisms laid at Peters' feet are of merit, they overshadow more potentially useful interpretive moves. Finally, I show how a change in the focus of Peters' account of education and practical reason more generally can provide important resources for engaging in a more plausible exploration of universalistic themes in education. (shrink)

There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...) the illustrative case of treating animals in a demeaning yet harmless way that would be disrespectful if humans were concerned. I discuss whether such actions are permissible or unjustifiably discriminatory from a moral point of view. I conclude that moral agents cannot directly wrong animals without harming them and thus do not owe it to a particular animal to refrain from such actions. However, if the actions increase the likelihood that animal abuse will occur, this presents a strong indirect reason against performing them. Thus, the reasons for refraining from such actions are merely indirect rather than direct. (shrink)

This article examines the possibility of a Kantian justification of the intrinsic moral worth of education. The author critiques a recent attempt to secure such justification via Kant's notion of the Kingdom of Ends. He gives four reasons why such an account would deny any intrinsic moral worth to education. He concludes with a tentative justification of his own and a call for a more comprehensive engagement between Kant's moral theory and the philosophy of education for purposes of understanding what (...) constitutes the moral core of education. (shrink)

A central task for clinical ethics consultants and committees (CEC) is providing analysis of, and advice on, prospective or retrospective clinical cases. However, several kinds of biases may threaten the integrity, relevance or quality of the CEC's deliberation. Bias should be identified and, if possible, reduced or counteracted. This paper provides a systematic classification of kinds of bias that may be present in a CEC's case deliberation. Six kinds of bias are discussed, with examples, as to their significance and risk (...) factors. Possible remedies are suggested. The potential for bias is greater when the case deliberation is performed by an individual ethics consultant than when an entire clinical ethics committee is involved. (shrink)

When clinical ethics committee members discuss a complex ethical dilemma, what use do they have for normative ethical theories? Members without training in ethical theory may still contribute to a pointed and nuanced analysis. Nonetheless, the knowledge and use of ethical theories can play four important roles: aiding in the initial awareness and identification of the moral challenges, assisting in the analysis and argumentation, contributing to a sound process and dialogue, and inspiring an attitude of reflexivity. These four roles of (...) ethical theory in clinical ethics consultation are described and their significance highlighted, while an example case is used as an illustration throughout. (shrink)

Background Rationing and allocation decisions at the clinical level – bedside rationing – entail complex dilemmas that clinicians and managers often find difficult to handle. There is a lack of mechanisms and aids for promoting fair decisions, especially in hard cases. Reports indicate that clinical ethics committees sometimes handle cases that involve bedside rationing dilemmas. Can CECs have a legitimate role to play in bedside rationing? Main text Aided by two frameworks for legitimate priority setting, we discuss how CECs can (...) contribute to enhanced epistemic, procedural and political legitimacy in bedside rationing decisions. Drawing on previous work we present brief case vignettes and outline several potential roles that CECs may play, and then discuss whether these might contribute to rationing decisions becoming legitimate. In the process, key prerequisites for such legitimacy are identified. Legitimacy places demands on aspects such as the CEC’s deliberation process, the involvement of stakeholders, transparency of process, the opportunity to appeal decisions, and the competence of CEC members. On these conditions, CECs can help strengthen the legitimacy of some of the rationing decisions clinicians and managers have to make. Conclusions On specified conditions, CECs can have a well-justified advisory role to play in order to enhance the legitimacy of bedside rationing decisions. (shrink)