This article explains problems and opportunities created by standardized ethics initiatives (e.g., the UN Global Compact, the Global Reporting Initiative, and SA 8000) from the perspective of stakeholder theory. First, we outline differences and commonalities among currently existing initiatives and thus generate a common ground for our discussion. Second, based on these remarks, we critically evaluate standardized ethics initiatives by drawing on descriptive, instrumental, and normative stakeholder theory. In doing so, we explain why these standards are helpful tools when it (...) comes to ‘managing’ stakeholder relations but also face considerable limitations that can eventually hamper their successful expansion. We suspect that this discussion is necessary to conduct meaningful empirical research in the future and also to provide managers with a more clear-cut picture about a successful application of such initiatives. Third, we outline possible ways to cope with the identified problems and thus demonstrate how standard-setting institutions can improve the initiatives they offer. (shrink)

ABSTRACT:Based on theoretical insights of discourse ethics as developed by Jürgen Habermas, we delineate a proposal to further develop the institutionalization of social accounting in multinational corporations (MNCs) by means of “Social Accountability 8000” (SA 8000). First, we discuss the cornerstones of Habermas's discourse ethics and elucidate how and why this concept can provide a theoretical justification of the moral point of view in MNCs. Second, the basic conception, main purpose, and implementation procedure of SA 8000 are presented. Third, we (...) critically examine SA 8000 from a Habermasian perspective, and discuss advantages and drawbacks of the initiative. Fourth, to address the drawbacks, we introduce a “discourse-ethically” extended version of SA 8000. We show that this approach is theoretically well-founded and able to overcome some of the current deficits of the certification initiative. We demonstrate that the extended version of SA 8000 can be successfully applied on a cross-cultural basis, and that our findings have significant implications for other international ethics initiatives. (shrink)

ABSTRACT:Based on theoretical insights of discourse ethics as developed by Jürgen Habermas, we delineate a proposal to further develop the institutionalization of social accounting in multinational corporations (MNCs) by means of “Social Accountability 8000” (SA 8000). First, we discuss the cornerstones of Habermas's discourse ethics and elucidate how and why this concept can provide a theoretical justification of the moral point of view in MNCs. Second, the basic conception, main purpose, and implementation procedure of SA 8000 are presented. Third, we (...) critically examine SA 8000 from a Habermasian perspective, and discuss advantages and drawbacks of the initiative. Fourth, to address the drawbacks, we introduce a “discourse-ethically” extended version of SA 8000. We show that this approach is theoretically well-founded and able to overcome some of the current deficits of the certification initiative. We demonstrate that the extended version of SA 8000 can be successfully applied on a cross-cultural basis, and that our findings have significant implications for other international ethics initiatives. (shrink)

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

We critically assess integrative social contracts theory (ISCT) and show that the concept particularly lacks of moral justification of substantive hypernorms. By drawing on Habermasian philosophy, in particular discourse ethics and its recent application in the theory of deliberative democracy , we further advance ISCT and show that social contracting in business ethics requires a well-justified procedural rather than a substantive focus for managing stakeholder relations. We also replace the monological concept of hypothetical thought experiments in ISCT by a concept (...) of practical discourse to better govern business activities on the macro-level of organizational actors such as firms, governments, and NGOs. (shrink)

The article lays down the broad strokes of an interpretive approach to social criticism. In developing this approach, the author stresses the importance of both a pluralistic notion of social justice and a rich ideal of personal growth. While objecting to one-dimensional conceptions of social justice centering on legal equality, the author develops the idea of there being multiple "spheres of justice", including the spheres of "care" and "merit". Each of these spheres, he argues, is subject to historical interpretation. He (...) furthers this view by arguing that the social basis for these different spheres is best understood against the canvas of an ideal of self-fulfillment and individuality. Based on the elaboration of these two sets of premises—a pluralistic conception of social justice and a collective ideal of personal self-fulfillment—the article outlines the basis for and challenges inherent to the practice of interpretive social criticism. (shrink)

The debate about whether misoprostol should be distributed to low resource communities to prevent post-partum haemorrhage, recognised as a major cause of maternal mortality, is deeply polarised. This is in spite of stakeholders having access to the same evidence about the risks and benefits of misoprostol. To understand the disagreement, we conducted a qualitative analysis of the values underpinning debates surrounding community distribution of misoprostol. We found that different moral priorities, epistemic values, and attitudes towards uncertainty were the main factors (...) sustaining the debate. With this understanding, we present a model for ethical discourse that might overcome the current impasse. (shrink)

While ethics and evidence‐based medicine are often viewed as separate domains of inquiry and practice, what we know influences what we can ethically justify doing, and what we see as our moral obligations shapes the way we interpret evidence. The boundaries between the moral and epistemic spheres become particularly blurred when the health of people is at stake and even more so when no “officially” recommended medical intervention is available to help a patient in need. The treatment of major hemorrhages (...) using recombinant factor VIIa (rFVIIa), which was originally approved under orphan drug legislation to treat hemophilia, is a case in point.Following reports in the late 1990s that rFVIIa was success­fully used to stop bleeding in gunshot trauma, there was much excitement about its potential to help patients with uncontrolled bleeding in other clinical settings, leading to wide‐spread off‐label use of the drug. In recent years, new evidence has raised questions about the off‐label use of rFVIIa for severe bleeding. Nonetheless, while some clini­cians are now adamantly opposed to prescribing rFVIIa for massive bleed­ing, many remain determined to continue the practice. This raises the question: why do clinicians have such variable responses to the same body of evidence?We analyzed the debate around off‐label use of rFVIIa and character­ized its main conceptual features and tensions. We did not seek to provide a normative analysis as to whether the evidence supports the case for off‐label prescribing, nor did we try to provide a historical analysis of how attitudes and clinical practice have changed. Rather, we sought to make visible the moral and epistemic values underpinning stakeholders’ opinions and practices. On the basis of our analysis, which is described in this ar­ticle, we suggest that debates such as those surrounding rFVIIa will not be resolved simply by conducting more studies and that, therefore, there is also a need for conceptual and pro­cedural frameworks that more sys­tematically incorporate values into clinical policy‐making. (shrink)

Reasoning may be defined as a deliberate effort to coordinate inferences so as to reach justifiable conclusions. Thus defined, reasoning includes collaborative as well as individual forms of cognitive action. The purpose of the present study was to demonstrate a circumstance in which collaborative reasoning is qualitatively superior to individual reasoning. The selection task, a well known logical hypothesis-testing problem, was presented to 143 college undergraduates-32 individuals and 20 groups of 5 or 6 interacting peers. The correct (falsification) response pattern (...) was selected by only 9% of the individuals but by 75% of the groups. The superior performance of the groups was due to collaborative reasoning rather than to imitation or peer pressure. Groups typically co-constructed a structure of arguments qualitatively more sophisticated than that generated by most individuals. The results support Piagetian and Habermasian views of peer interaction as a locus of rational social processes. (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...

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 contemporary liberal democracies. As a result, it is suggested, deliberative arenas will merely reproduce these inequalities, advantaging the already powerful extolling mainstream worldviews excluding the interests of the less powerful and those expounding alternative worldviews. Moreover, the tactics employed by those excluded social movements seeking to right an injustice are typically those (...) – involving various forms of protest and direct action – which are incompatible with the key characteristics of deliberatively democracy. This paper seeks to examine the case against deliberative democracy through the prism of animal rights. It will be argued that the critique of deliberative democracy, at least in the case of animal rights, is largely misplaced because it underestimates the rationalistic basis of animal rights philosophy, misunderstands the aspirational character of deliberative theory and mistakenly attributes problems that are not restricted to deliberation but result from interest group politics in general. It is further argued that this debate about the apparent incompatibility between the ideals of deliberative democracy and non-deliberative activism disguises the potential that deliberative democracy has for advocates of animal rights and, by extension, other social movements too. (shrink)

The argument of this paper hinges on Derrida's relation to Judaism as a religious heritage and/or as an essential experience. If he can be said to ‘appropriate his Jewish roots’ at all, as Colby Dickinson (2011) has recently proposed, this is not because Derrida concurs that all belief in an ultimate reality (‘as such’) must now be understood in merely conditional terms (‘as if’). Rather, it is because Derrida deconstructs the difference between the Jew and the non-Jew, along with the (...) differences between the ‘as if’ and the ‘as such’ and the performative and the constative, in his very demonstration of the impossibility of ‘being-jewish’. Dickinson thus misunderstands the way in which Derrida appropriates Kant's regulative ‘as if’, and thus misrepresents what is at stake in Derrida's ‘faith’ in ‘Jewishness’. What is at stake is what Derrida calls deconstructive responsibility, and it takes the form of a radical fidelity to the principle of reason (to an ‘unconditional theoreticism’). This responsibility, paradoxically, demands and impels the interrogation of critical thinking itself, with its principles, its essences and its identities. Accordingly, Derrida interrupts both the ‘as such’ and the ‘as if’ with the ‘if’ of a dangerous ‘perhaps’. (shrink)

This article argues that the figure of Oedipus lies at the heart of Horkheimer and Adorno's Dialectic of Enlightenment. Oedipus is the prototypical Aufklärer as no one can rival him in his courageous attempt to employ his own autonomous reason `without direction from another'; yet self-knowledge remains beyond his grasp. Indeed, Oedipus' obsessive drive to bring the truth to light ultimately leads him to put out his own eyes because he is unable to bear the sight of the catastrophe that (...) this drive engenders. Oedipus' demise represents in allegorical form the self-destruction of enlightenment itself. Enlightenment is similarly driven to illuminate the world in its totality by reducing it to philosophical concepts. In the process, however, it becomes blind to the question of its dependence upon that which it purports to possess. In its attempt at total illumination, therefore, enlightenment does not effectuate an exit or Ausgang from the opacity of myth, as Kant had held, but rather is blinded, paradoxically, by the radiance of its own projections. Reading the dialectic of enlightenment through the tragedy of Oedipus leads back to the enigmatic question of art as the means by which the rationalization and disenchantment of the world can be reflected upon critically. (shrink)

Abstract:In this paper we highlight the emergence of organizational ethics issues in health care as an important outcome of the changing structure of health care delivery. We emphasize three core themes related to business ethics and health care ethics: integrity, responsibility, and choice. These themes are brought together in a discussion of the process of Mission Discernment as it has been developed and implemented within an integrated health care system. Through this discussion we highlight how processes of institutional reflection, such (...) as Mission Discernment, can help health care organizations, as well as corporations, make critical choices in turbulent environments that further the core mission and values and fulfill institutional responsibilities to a broad range of stakeholders. (shrink)

Abstract Jürgen Habermas has proposed a tripartite classification of analytic philosophy of language into formal semantics, intentionalistic semantics, and use?theories of meaning. Here, I focus on the relationship between formal semantics and Habermas? own account of meaning and truth. I argue against his early ?consensus theory of truth?, according to which truth is defined as idealized warranted assertibility and explained by the ?discursive redemption? of validity claims. A claim is discursively redeemed if it commands rationally motivated consensus of all discursive (...) partners. I argue that this is not so much a theory of truth as of justification. As an account of truth, it is unsatisfactory because warrants can be lost in light of new arguments, and because consensus is seen as criterial for truth only if it is in principle defeasible ? hence there remains a gap between truth and even idealized warranted assertibility. In The Theory of Communicative Action, Habermas? views undergo a shift. Following Dummett, he cashes out meaning in terms of assertibility conditions. While Habermas continues to insist on an epistemically conditioned notion of truth, he no longer explicitly defines truth as idealized warranted assertibility; nor does his meaning?theoretic framework require him to do so. I argue that truth is an irreducible and ineliminable regulative idea. In particular, it can be explicated in terms of justification only indirectly. Contrary to some commentators, I do not believe that the regulative function of truth is merely negative. Fallibilism does not exhaust the meaning of truth. For we do not make truth claims provisionally, that is, with the understanding that they may turn out to be wrong. Rather, we gamble that we will not turn out to be wrong. Therefore, the concept of truth has not only a critical, but also a positive function in our discourse. (shrink)

The paper discusses the role that ethics theory might play in business ethics teaching. It is noted that little attention is devoted to the explanation and application of ethics theory in business ethics textbooks, which suggests that ethics theory is held in low esteem by business ethics educators. This relative disregard has been justified by some critics on the basis of the limited usefulness of ethics theory to business ethics pedagogy. Notwithstanding these criticisms, the paper argues that ethics theory can (...) play an important role in business ethics teaching which conforms to a speculative agenda. A speculative agenda is described, and a contribution that ethics theory can make to it is explained. This constitutes a form of immanent critique, which enables putative statements of business ethicality to be subjected to critique against the cultural values upon which their credibility rests. Ethics theory is offered as a mediating resource to facilitate such critique. Some criteria that the presentation of ethics theory needs to meet if it is to fulfill this speculative agenda are also outlined. (shrink)

The most promising recent attempt to rethink both Discourse Ethics (especially Rawls and Habermas) and Kantian deontology is found in the work of Rainer Forst. This paper suggests the strength of the latter lies in its shift from a theory of justice to a theory of injustice: from the question of what legitimates claims that seek normative consensus, to claims that argue the normative status quo is problematic. In Forst’s idiom: claims arguing the justifications behind that status quo are unacceptable. (...) Yet the association of injustice with justificatory inequality—disparities in people’s capacity to either demand or present reasons—ends up tracking not injustice but mere disagreement. In so doing this theory effectively exposes the broader problem of discourse ethics: its conception of injustice as a (negative) quality of discursive conduct rather than of social relations. At the same time, Forst’s theory also effectively implies a more wholesale rejection of the deontological interpretation of dignity than his reading of Kant suggests. This dual-impasse points to an alternative albeit latent conception of injustice, offering a more promising starting-point for Critical Theory: Injustice understood not as dignity-violations, but as forms of social interdependence predicated on turning certain people systemically vulnerable. (shrink)

In the face of the ever-growing effect the actions of the present may have upon future people, most conspicuously around climate change, democracy has been accused, with good justification, of a presentist bias: of systemically favouring the presently living. By contrast, this paper will argue that the intimate relation, both quasi-ontological and normative, that Derrida's work establishes between temporality and justice insists upon another, more future-regarding aspect of democracy. We can get at this aspect by arguing for two consequences of (...) the deconstructive affirmation of sur-vivre, of the alterity of death in life. Firstly, justice is not first of all justice for the living, but intergenerational from the start. This is so because no generation coincides with itself; rather, it dies and is reborn at every moment, and so – and this is the second consequence – consists in taking turns. Affirming life as living-on means affirming that it involves exchanging life's stations, as the young become the old, and the unborn become the dead. In this sense, the justice of living-on, I will argue, shares an essential feature with democracy, whose principle of exchanging the rulers with the ruled led Derrida to characterize it in terms of the wheel. Democracy consists in the principled assent to power changing hands, a switchover life demands of every generation at every turn. This assent further requires an acceptance of the gift of inheritance without which no life can survive. But as the gift can also never be fully acknowledged or appropriated, it must be passed on to the indefinite, unknown future, in a turning that is the time of life. (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 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. Key Words: Theodor Adorno • deliberative democracy • Jacques Derrida • egalitarianism • equality • Jürgen Habermas • Christoph Menke • singularity • universalism. (shrink)

To respond to the charge of context-insensitivity, discourse ethics distinguishes justification discourses, which only require that we consider what is equally good for all, and subsequent application discourses, in which the perspective of concrete others must be adopted. This article argues that, despite its pragmatic attractiveness, the separation of justification and application neglects the co-constitutive role that applicability plays for the meaning of normativity. Norms that do not, in a machine-like fashion, produce their cases, cannot already contain their appropriateness to (...) the cases that nonetheless alone justify the existence of norms in th first place. The higher-order norm of appropriateness that enters normativity with th dependence on applications is one that remains implicit, and impossible to determine in advance. Thus, the justification of a norm is always incomplete for conceptual and not merely empirical reasons, as fallibilism typically has it. (shrink)

This paper argues that Derrida’s aporetic conclusions regarding moral and political concepts, from hospitality to democracy, can only be understood and accepted if the notion of différance and similar infrastructures are taken into account. This is because it is the infrastructures that expose and commit moral and political practices to a double and conflictual (thus aporetic) future: the conditional future that projects horizonal limits and conditions upon the relation to others, and the unconditional future without horizons of anticipation. The argument (...) thus turns against two kinds of interpretation: The first accepts normative unconditionality in ethics but misses its support by the infrastructures. The second rejects unconditionality as a normative commitment precisely because the infrastructural support for unconditionality seems to rule out that it is normatively required. In conclusion, the article thus reconsiders the relation between a quasi-transcendental argument and its normative implications, suggesting that Derrida avoids the naturalistic fallacy. (shrink)

This paper considers the implications of Hannah Arendt's criticisms of Frantz Fanon and the theories of violence and politics associated with his influence for our understanding of the relationship between those two phenomena. Fanon argues that violence is a means necessary to political action, and also is an organic force or energy. Arendt argues that violence is inherently unpredictable, which means that end reasoning is in any case anti-political, and that it is a profound error to naturalize violence. We evaluate (...) their respective arguments concluding that in her well-founded rejection of the naturalization of violence, Arendt's understanding of the embodied nature of violence is less insightful than Fanon's. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

The ethical matrix approach was developed by Prof Ben Mepham and his colleagues at the University of Nottingham in the early 1990s. Since then the approach has received increasing attention and has been used by several researchers in different projects related to assessing ethical impacts of different food production technologies and other policy options of societal concern. The ethical matrix is sometimes understood simply as a checklist of ethical concerns, but might also be seen as a guide to coming to (...) conclusions on moral questions. The problem I discuss in this paper relates to how using the ethical matrix method as a decision guide can be combined with respecting pluralism. The aim of the paper is to suggest a framework making it possible to – at the same time – enhance public justification of judgments and respect pluralism. I argue that pluralism is fundamental to the ethical matrix approach; I distinguish between intuitionist principled pluralism and societal value pluralism; and I show how both kinds of pluralism imply restrictions on how conclusions can be made. No substantive moral decision principles can be allowed. Still, I argue, decision principles of a more epistemological or procedural character can be acceptable even within pluralism. The pragmatist principle of inquiry is defended as an account of moral problem solving compatible with both principled pluralism and value pluralism. When an ethical matrix is used within such a participatory inquiry process substantive conclusions can be drawn. (shrink)

Critical discourse analysis stands on the shoulder of giants – different giants – in order to answer how its critique, its ethico-moral stance, is theoretically grounded and justified. Concerning this question, this article explores the role of the Frankfurt School in the discourse–historical approach. Although references to the Frankfurt School can regularly be found in the DHA's canon, I argue that an even more comprehensive discussion would help in combating accusations of the DHA being unprincipled and politically biased, and further (...) enrich the DHA's toolkit for empirical analysis. After reviewing existing references to the Frankfurt School, I discuss this intellectual tradition – from Max Horkheimer and Theodor W. Adorno's The dialectic of enlightenment to Jürgen Habermas's language-philosophy – showing to what extent it can ground the DHA's emancipatory and socially transformative aims. Thereby, I illustrate how the DHA's critical standard is not simply based on a coincidental, though progressive, consensus but theoretically justified. (shrink)

Normative research has nearly vanished from the academic ‘mainstream’ in accounting. Due to its prescriptive and value-driven approach, normative accounting research has been stigmatized as being unscientific and largely replaced by positive studies. We put this stigma into perspective. We first conceptualize the ‘positive-normative’ distinction and identify this dichotomy in accounting research history. We then challenge the dogmatic confinement of science to descriptive (positive) approaches. Moreover, we debate the basic conditions for normative accounting research and conclude that methodological and epistemological (...) pluralism in accounting research may help address a wide range of potential research questions. We point out that normative research approaches are essential in an applied science such as accounting, lest practical implications and prescriptions are to be the exclusive domain of accounting practice. (shrink)

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to (...) the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

In this article I lay out Kenneth Baynes's interpretation of Habermas's social and political philosophy, and develop three lines of criticism. The first concerns the question of whether, and if so in what respect, Habermas's political theory counts as a critical social theory. I argue that it is not clear in what sense Habermas's political theory is a ‘critical’ social theory, and that Baynes's interpretation throws little light on this issue. The second related issue is to what extent it can (...) be fairly claimed that on Habermas's account of democracy, political legitimacy rests on a “core morality”. While there is a possible reconstruction of Habermas along these lines, I argue that it conflicts with the central tenets of Habemras's political theory. Finally, I question whether Baynes is right to align Habermas's ideal of public reason so closely with Rawls's. (shrink)

This paper argues that Habermas's conception of the rationality of moral and legal discussions has import for argumentation theorists interested in the rationality of public deliberations in politics and law. I begin with a survey of Haber mas's discourse theory and his criteria of rationality for moral and legal discourse. I then explain why, in his view, the forms of rational discourse in morality and law complement each other. My aim is to show how Habermas's account of this complementary relationship (...) opens up fruitful perspectives for argumentation theory. Specifically, his thought can stimulate research regarding, on the one hand, the ways in which legal procedures provide for presumptively rational resolutions of moral disputes and, on the other hand, the applicability of ideal argumentation-theoretic models to the legal field. I conclude with a proposal for integrating Habermas's ideas in a research program for legal argumentation. (shrink)

On the face of it, self-censorship is profoundly subversive of democracy, particularly in its talk-centric forms, and undermines the culture of openness and publicity on which it relies. This paper has two purposes. The first is to develop a conception of self-censorship that allows us to capture what is distinctive about the concept from a political perspective and which allows us to understand the democratic anxiety about self-censorship: if it is not obvious that biting our tongues is always wrong, we (...) need a fuller account of the moral sensibility that finds it so troubling and this is elaborated here. The second is to develop an argument to the effect that this sensibility should not have the last, or only, word, but instead that self-censorship should be viewed as an ‘ordinary vice’ of democratic societies. The grounds for tolerating it rest on the democratic values that critics believe it threatens. (shrink)

Although Judith Butler regards recognition as the theme unifying her work, one finds a striking absence of dialogue between her and the authors of the normative theories of recognition – Honneth, Habermas, Ricoeur, etc. In the present article I seek to call into question this sentiment, shared by the two sides, of a radical theoretical heterogeneity. First I seek to show that the theory of performativity which Butler developed initially, contrary to all expectations, sets her relatively apart from the tradition (...) to which she conforms (the French reading of Hegel), and brings her closer to the proposition represented by the normative theories of recognition in general, and that of Honneth in particular. Then I highlight how the recent modulations in her theory, through the appearance of the idea of a constitutive vulnerability, which enables her to found an ethics, undermine for once and for all the claim of irreducibility maintained by each of the two theories in relation to the other. (shrink)

I show how a notion of the political as emerging reality which does not derive from any other logic — as a phenomenon devoid of foundations, of predetermined elements — features in Habermas’s theory of society. There is certainly nothing obvious about such a claim, insofar as the political is conceived, across his entire oeuvre, in relation to the public sphere, which is presented as a social space in which the functions and properties he attributes to language in general are (...) made explicit and catalysed. It appears the public sphere coincides with the constitutive rules of universal pragmatics. More generally, the motif of the public sphere is bound up with topics which all curb the political “mode” — i.e., the validity attributed to political statements (1), the weight given, in myriad ways, to morality in the public sphere (2), and the concern to preserve science and complexity no matter what (3). I examine each one in turn, in order to demonstrate how, precisely, through the limits imposed on them, they enable us to grasp the specificity of the public sphere as political instance and, from this basis, identify a place for the political in Jürgen Habermas’s theory. (shrink)

This essay argues that Hans-Georg Gadamer's philosophical hermeneutics, Jürgen Habermas's communication theory, and Jacques Derrida's deconstruction all fit together within one philosophical paradigm: metamodernism. Metamodernism, as defined, is opposed to both modernism and radical forms of postmodernism. Within metamodernism, a political conundrum provides the key clue for understanding the relations among Gadamer, Habermas, and Derrida as well as for elaborating the contours of the paradigm. Specifically, the political implications of the three philosophies are intransitive: they seem to shift around rather (...) than being in fixed relations to each other. So, for instance, Gadamer sometimes seems to the political right of both Habermas and Derrida, but then, at different times, he stands between them, and then again, at other times, he seems to be to the left of both. This political paradox suggests that the traditional political categories of liberalism and conservatism do not suitably reflect the critical positions within metamodernism. Gadamer, Habermas, and Derrida are far more concerned with explaining the possibility and techniques of interpretive and social critique, while remaining true to the metamodernist paradigm, rather than fitting themselves into the traditional liberal or conservative political camps. (shrink)

The recovery model, as applied in mental health, is significant because it intends to foster a critical retrieval by the subject of herself as a self-determining agent of change. This paper will show that the recovery model represents an approach to caring for the self that is congruent with critical themes inherent in some forms of contemporary philosophy, particularly that of Michel Foucault and Jurgen Habermas. The paper will also consider the contribution that Habermas’ discourse ethics could make towards the (...) non-coercive, dialogical resolution of differences between clients and professionals. (shrink)

This paper argues against the view that a single environmental ethic can be formulated that could be universally applied in all geographic settings and across cultures. The paper specifically criticizes Callicott's proposal that Leopold's land ethic be adopted as a global environment ethic, and develops an alternative bioregional perspective which suggests that while there can be a great deal of variety in how different cultures think about and interact with their local environments, there is nonetheless the need for cross-cultural dialogue (...) on how specific problems that transcend cultural boundaries can be successfully resolved. (shrink)

: Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

Care theorists have made significant gains over the past twenty-five years in establishing caring as a viable moral and political concept. Nonetheless, the concept of caring remains underdeveloped as a basis for a moral and political philosophy, and there is no fully developed account of our moral obligation to care. This article advances thinking about caring by developing a definition of caring and a theory of obligation to care sufficient to ground a general moral and political philosophy.

This paper considers the implications of Hannah Arendt's criticisms of Frantz Fanon and the theories of violence and politics associated with his influence for our understanding of the relationship between those two phenomena. Fanon argues that violence is a means necessary to political action, and also is an organic force or energy. Arendt argues that violence is inherently unpredictable, which means that end reasoning is in any case anti-political, and that it is a profound error to naturalize violence. We evaluate (...) their respective arguments concluding that in her well-founded rejection of the naturalization of violence, Arendt's understanding of the embodied nature of violence is less insightful than Fanon's. (shrink)

The grounds for critique offered by Roy Bhaskar have developed over the course of his work, but two claims have remained central: ethical naturalism and moral realism. I argue that neither of these is compatible with a scientific realist understanding of values: a scientific realist approach commits one to treating values as socially produced and historically contingent. This does not, however, prevent us from reasoning about values, nor from developing critiques by combining ethical reasoning with a theoretical understanding of the (...) social world and its possibilities. In particular, we can draw on a variety of Habermas's discourse ethics to offer provisional justifications for value-claims that support a critical stance. Thus we can develop grounds for critique that are both ontologically credible and anti-foundational, but also judgementally rational. (shrink)

The human being’s mastery of itself, on which the self is founded, practically always involves the annihilation of the subject in whose service that mastery is maintained, because the substance which is mastered, suppressed, and disintegrated by self-preservation is nothing other than the living entity.

The work of Donaldson and Dunfee offers an example of how normative and descriptive approaches to business ethics can be integrated. We suggest that to be truly integrative, however, the theory should explore the processes by which such integration happens. We, therefore, sketch some preliminary thoughts that extend Integrative Social Contracts Theory by beginning to consider the process by which microsocial contracts are connected to hypernorms.

The purpose of this paper is to explore the moral status of sport through a conceptual structure borrowed from Jürgen Habermas's philosophy and social theory. Habermas distinguishes between communicative and strategic action as two ways in which social action may be coordinated. While the former relies on the building of mutual understanding between social agents, the latter entails one agent manipulating others, as if they were mere objects to be treated instrumentally. In an initial model of sporting practice, it is (...) suggested that sport primarily involves strategic action and in particular encourages the undermining of one's opponent's autonomy. This model is subject to criticism, by scrutinising Habermas's interpretation of the Wittgensteinian notion of a language game, and thus the relationship between communicative language-use and strategic games playing. It will be suggested that games playing has more in common with language-use than Habermas acknowledges, thereby opening up a space for genuinely communicative and expressive action within sport. In conclusion, it will be suggested that the moral significance of sport lies in the fact that its communicative and expressive potential can only be exercised against the moral threat of the dominance of strategic action. (shrink)

By comparing models of market-based allocation with state-controlled national health care systems, it will be suggested that the way in which different communicaties deal with the allocation of health care is central to their expression of what might be called a moral self-understanding. That is to say that the provision of health care may be expected to be a focus of communal debate, not simply about morally acceptable and unacceptable actions, but also about the community’s understanding of what it is (...) that makes for a worthwhile and morally defensible human life. This moral self-understanding is seen to be entwined with the different concepts of ‘health’ that are implicit in different systems of allocation. In conclusion, it will be suggested that decisions concerning health care allocation must be made in response to a continuing, public and open debate about that health and health care mean to a particular community. (shrink)

The aim of our themed symposium is to explore the limits and possibilities of corporate reputation for enabling corporate accountability. We articulate three perspectives on corporate accountability. The communicative perspective equates accountability with disclosure and stakeholder engagement. The phenomenological perspective focuses on stakeholder expectations and reputation management. The consequential perspective focuses on effects/consequences. We then examine how corporate accountability is understood, how it relates to ideals, mission, and purpose, alternative pathways to corporate accountability, reputational consequences, and the role algorithms play (...) in relationships between corporate reputation and accountability. Using a multitude of organizational contexts, these papers advance our understanding of how corporate reputation can be used as a mechanism for creating greater corporate accountability, and for identifying alternative pathways when corporate reputation fails to do so. (shrink)

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

Abstract:A marketplace of morality (MOM) is a place where individuals act under the influence of their moral desires. A MOM produces an output representing the aggregate acted-upon moral preferences of its participants. Individual behavior is influenced by POPs, or passions of propriety. People implement POP preferences when they buy stock, purchase goods and services, choose jobs and so on. Firms respond by social cause marketing and other devices which encourage customers to align their social preferences with those represented by the (...) firm. The outputs of MOM constitute an important reference point for understanding business morality. Even so, the normative status of MOM outputs must be subject to principles of universal morality. A principle of greater preponderance is offered as a means for determining when a MOM output is ethically legitimate.A theory of moral choice, based upon the concept of a MOM, may have potential for providing a unifying framework integrating moral preferences, reasoning, behaviors and organizational contexts with broader political and economic concepts. (shrink)