The concept of deliberation in the Ukrainian philosophical discourse is both underestimated and overestimated. Underestimated — as a self-sufficient category that is not reducible to another con- cept, even if it is the concept of consensus or the concept of democracy. Deliberation appears pri- marily as a careful weighing and selection of arguments when making an important decision. Collegiality may or may not be present here, as well as openness. Therefore, the concept of deliber- ation is somewhat overestimated as something (...) that necessarily improves the quality of democratic procedures, and therefore, supposedly, deliberation itself is something democratic in nature. American political philosopher Joshua Cohen drew attention to the fact that deliberation can be of at least three types: individual deliberation, jury deliberation, and oligarch deliberation. The article analyzes these three types of deliberation and found that the closest to the democratic type of government is individual deliberation, or rather, joint deliberation of responsible citizens. While the deliberation of the jury is mostly closed, it is naturally limited access to the extent of the necessary competence of its possible participants. The deliberation of the oligarchs is even more closed and often even secret. However, the article states that it is more appropriate to replace the name «oligarchs» with the term «captains of business»: then the deliberation of the oligarchs ceases to be a cartel conspiracy, and turns into a coordinated protection of the interests of the national economy. However, for this, de- liberation itself is not enough, so not procedural, but other, namely, value factors of decision-making are needed. Democracy benefits from deliberation when the latter is complemented by the liberal and patriotic values of the participants in the deliberation. Already John Locke convincingly argues the importance of citizens achieving a common conscious agreement in state matters. However, for Locke, the very fact of having property was important, while in practice, achieving an effective agreement requires mechanisms for reconciling the positions of owners with very different amounts of property. To some extent, this problem can be solved by John Rawls` concept of justice. (shrink)

Radical and liberal theories of egalitarianism are distinguished, in large part, by the differing degrees to which they hold people responsible for their own well-being. The most liberal or individualistic theory calls for equality of opportunity. Once such “starting gate equality,” as Dworkin calls it, is guaranteed, then any final outcome is justified, provided certain rules, such as voluntary trading, are observed. At the other pole, the most radical egalitarianism calls for equality of welfare. In between these two extremes are (...) egalitarian proposals that equalize more than conventional opportunities, yet less than full welfare. Sen speaks of equality of basic capabilities as a goal; implementing that requires more than starting gate equality, because some will require more resources than others to attain the same capabilities. Meeting basic needs is another objective. Equality of needs fulfillment is perhaps less radical than equality of basic capabilities and more radical than equality of opportunity. Rawls takes equality of primary goods as a benchmark; he distinguishes primary goods from welfare, but includes among them goods that are more complicated than conventional resources and opportunities, all of which are supposed inputs into any conception of welfare. One could imagine proposing an egalitarianism that equalized some quite measurable outcome across populations, such as infant mortality. That would be an outcome-equalizing theory where the rate of infant mortality is a proxy, presumably, for some more complicated maximand, such as the degree of wellbeing of a population. (shrink)

Given the current concern in the Soviet Union and East Europe to emancipate public education from its Stalinist past, it is understandable that educators have called for the “humanizing” of education. Yet “humanization” is a none too clear idea and must be approached, I propose, through its opposite: dehumanization. Dehumanization, itself, can be understood as the denial of the dignity of the individual — a cardinal principle of the philosophies that comprise classical and contemporary liberal theory. This principle of the (...) dignity of the individual in turn implies duties for the liberal democratic state to treat all citizens with equal respect as ends in themselves and equally as choosers of ends, as being, at least in principle, capable of choosing and acting on the ultimate ends in their own lives and as potential “sayers of great words and doers of great deeds” in the common public enterprise.Now in claiming that the principle of the dignity of the individual is central to an understanding of a just and humane society, we do not thereby commit ourselves to those doctrines long associated with liberalism, viz., ontological and moral individualism. The form of political, or united-reformed, liberalism argued for in this paper is clearly compatible with strong forms of community, even authoritarian types of community insofar as they do not transgress the principle of the dignity of the individual as regards informed choice. As decidedly non-perfectionist and agnostic about ultimate goods, this form of political liberalism is neither individualistic nor communitarian, neither capitalist nor socialist.This rendering of the liberal democratic state sets the requirements for a deep and thorough political education that goes well beyond any familiar example today. In seeking to develop, to “humanize” individuals for a world of thought and action in the common public enterprise, political education — the premier form of education — in a liberal democratic state seeks to develop individuals who are theoretically informed and practically wise — thus the emphasis on the development of rationality in all of its forms. Moreover, despite the formal agnosticism of the state concerning ultimate human ends, a political education requires deep student exposure to and critical assessment of religion, possible ways of life, and those views of the human good that humans throughout history have found worthy of pursuit. And this even if it means that students will come to reject the principle of the dignity of the individual. (shrink)

In recent years anti-universalism has become a sine qua non for respectability in philosophy of education, along with several other disciplines. The standard ph.

In recent years anti-universalism has become a sine qua non for respectability in philosophy of education, along with several other disciplines. The standard ph.

A quick survey of the literature reveals that authors disagree as to which sentiments are moral and which are not, they disagee as to how to distinguish between moral and other sentiments, and finally that often the same author will claim a sentiment is moral at some times but not at others. These difficulties arise, I argue, from an underlying concept of emotion that I call atomism. Viewing emotions as means of coordination among agents, rather than as psychic atoms, suggests (...) a radically different approach to the question of morality and affects, one where emotions pave the way for normative expectations. (shrink)

RÉSUMÉ: La notion de propriété de soi présuppose la définition des droits de propriété sur les ressources externes que le libertarisme de gauche limite habituellement aux ressources naturelles. Or, dans une économie spécialisée, la propriété de soi doitégalement être complétée par une définition des droits de propriété sur le surplus coopératif. S'il est cohérent, pour un libertarien de gauche, de considérer le surplus coopératif comme ressource externe et de le distribuer d'une manière égale, on doit en outre observer qu'une théorie (...) de la justice doit se prononcer sur les questions distributives dans plusieurs contextes. Articuler les différences entre ces contextes nous permet de préciser la relation que le libertarisme de gauche entretient avec d'autres théories de la justice.ABSTRACT: Any substantive notion of self-ownership presupposes well-defined property rights over external resources. Left-libertarians usually limit this category to natural resources. I argue that in a specialized economy, substantive self-ownership equally needs to be complemented by a definition of property rights to the cooperative surplus. The natural way for left-libertarianism to provide such a definition is to view the cooperative surplus as an external resource and to distribute it equally. The second part of the article makes the general point that a complete theory of justice needs to take a stance on distribution in various contexts. Articulating the differences between these contexts allows us to gain a better understanding of how left-libertarianism relates to other theories of justice. (shrink)

This article examines which lessons political philosophers can learn from discussions within Critical Philosophy of Race. The article assumes a social-constructionist understanding of “race” and focuses on the question of how we can reconcile normative universalism with sensitivity to differences that have been created by processes of racialisation. To answer this question, it looks exemplarily at debates within three different fields of political philosophy: normativity, politics, and law. First, it presents objections voiced by critical race theory against liberal, ideal conceptions (...) of justice. Second, the article reconstructs the main arguments for and against affirmative action as a policy measure directed at minority groups. Third, it focuses on racial inequalities in the context of penal law. By way of conclusion, it suggests how debates around justice and punishment and the conceptual lenses offered by CPoR can be fruitfully applied to the German context. (shrink)

Economists use tastes as a source of information about personal welfare and judge the effects of policies upon preference satisfaction; neoclassical welfare economics is the analytical embodiment of this preference sovereignty norm. For an initial distribution of wealth, the welfare-maximizing outcome is the one that exhausts all possible gains from trade. Gains from trade are defined relative to fixed ordinal preferences. This analytical apparatus consists of both the Pareto principle, which implies that externality-free voluntary trades increase welfare, and applied costbenefit (...) analysis, which attempts to weight costs and benefits when evaluating policies that are not Pareto improvements. (shrink)

This article examines the claim recently put forward by Terry Nardin, Kok-Chor Tan, and Carla Bagnoli that humanitarian intervention ought to be conceived, not as an imperfect duty (a duty of assistance to the victims of crimes against humanity left to the discretion of the members of the international community), but—assuming that the permissibility conditions have been satisfied—as a perfect duty (an unconditional obligation demanded by justice). After explaining why such a position can be considered as legitimate, it underlines some (...) of its difficulties and provides the elements of a response in order to overcome them. (shrink)

Most familiar approaches to social conflict moot reasonable ways of dealing with conflict, ways that aim to serve values such as legitimacy, justice, morality, fairness, fidelity to individual preferences, and so on. In this paper, I explore an alternative approach to social conflict that contrasts with the leading approaches of Rawlsians, perfectionists, and social choice theorists. The proposed approach takes intrinsic features of the conflict— what I call a conflict’s evaluative ‘structure’—as grounds for a rational way of responding to that (...) conflict. Like conflict within a single person, social conflict can have a distinctive evaluative structure that supports certain rational responses over others. I suggest that one common structure in both intra- and interpersonal cases of conflict supports the rational response of ‘self-governance’. Self-governance in the case of social conflict involves a society’s deliberating over the question, ‘What kind of society should we be?’ In liberal democracies, this rational response is also a reasonable one. (shrink)

Advances in technology have made it possible for us to take actions that affect the numbers and identities of humans and other animals that will live in the future. Effective and inexpensive birth control, child allowances, genetic screening, safe abortion, in vitro fertilization, the education of young women, sterilization programs, environmental degradation and war all have these effects. Although it is true that a good deal of effort has been devoted to the practical side of population policy, moral theory has (...) not dealt adequately with the new possibilities. The dilemma faced by moral theory is that traditional theories cannot answer moral questions involving the creation of people. Two related problems arise. The first concerns numbers: how many people should there be? The second asks what sort of people should live and what their levels of well-being should be. Conventional social-contract theories, including the work of Rawls (1971), are restricted to situations with a fixed number of individuals. Sumner (1978) attempts to extend a Rawlsian veil-of-ignorance approach to possible people but is aware of the difficulties involved. The main problem is that possible people must be thought to benefit when they move from non-existence to existence, a view that we reject (see Section 1, Heyd, 1992, Chapter 1; McMahan, 1996a; Parfit, 1984, Appendix G). Rights-based and duty-based theories suffer from a similar problem; there must be a person who has the right or a person to whom the duty is owed (see McMahan, 1981). (shrink)

Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...) for education should be implemented in such a way that children with the same level of talent and the same willingness to make an effort have the same opportunity to attain skills and qualifications such that they are each able (at the onset of adult life) to compete effectively with others for advantageous positions and rewards in society. But what about children or teenagers who drop out of education or make such little effort that they achieve wholly inadequate exam results? Should they be offered second and third chances for free education as adults funded by the state? A case is made for lifelong as opposed to one-off equality of opportunity for education on a number of grounds, including efficiency, utility, the value of choice, the social bases of self-respect and responsibility-catering prioritarianism. This last view supports lifelong access to education (for reasons of priority) but with the additional (responsibility-catering) stipulation that adults should contribute at least some of the costs themselves in so far as they are accountable for not making enough effort the first time around. (shrink)

Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...) for education should be implemented in such a way that children with the same level of talent and the same willingness to make an effort have the same opportunity to attain skills and qualifications such that they are each able (at the onset of adult life) to compete effectively with others for advantageous positions and rewards in society. But what about children or teenagers who drop out of education or make such little effort that they achieve wholly inadequate exam results? Should they be offered second and third chances for free education as adults funded by the state? A case is made for lifelong as opposed to one-off equality of opportunity for education on a number of grounds, including efficiency, utility, the value of choice, the social bases of self-respect and responsibility-catering prioritarianism. This last view supports lifelong access to education (for reasons of priority) but with the additional (responsibility-catering) stipulation that adults should contribute at least some of the costs themselves in so far as they are accountable for not making enough effort the first time around. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

Although we think 1 of the basic purposes of journalism is to provide information vital to enhancing citizen autonomy, we also see this goal as being in direct tension with the power news media hold and wield, power that may serve to undercut, rather than enhance, citizen autonomy. We argue that the news media are ethically constrained by proceduralism, resulting in journalists asserting power inappropriately at the individual level, and unwittingly surrendering moral authority institutionally and globally. Anonymity, institutionalization, and routinization (...) cloak power relationships among citizens, journalists and the institutions of which they are a part, ultimately inculcating these distinctly Western values in the global community. (shrink)

Perhaps the most remarkable event in social thought of the last twenty years has been the resurgence of various strands of individualism as political doctrines. The term ‘individualism’ is a kind of general rubric that encompasses elements of nineteenth century classical liberalism, laissez-faire economics, the theory of the minimal state, and an extreme mutation out of this intellectual gene pool, anarcho-capitalism. The term libertarianism itself is applied indiscriminately to all of those doctrines. It has no precise meaning, except that in (...) a general sort of way libertarianism describes a more rigorous commitment to moral and economic individualism and a more ideological approach to social affairs than conventional liberalism. I suspect that its current usage largely reflects the fact that the word with the better historical pedigree, liberalism, has been associated, in America especially, with economic doctrines that are alien to the individualist tradition. (shrink)

Understanding the social bases of what John Rawls meant by justice requires understanding a central part of Rawls’s professional life: his role as a teacher. As this essay shows, Rawls’s approach to teaching was not ancillary to his approach to heady philosophical issues like the justification of moral reasoning. Rather, there’s an ethic that runs through Rawls’s work, one focused on deliberation and consensus-seeking, and one whose strengths and weaknesses are easiest to see when you examine his teaching.

Perhaps the most salient feature of Rawls's theory of justice which at once attracts supporters and repels critics is its apparent egalitarian conclusion as to how economic goods are to be distributed. Indeed, many of Rawls's sympathizers may find this result intuitively appealing, and regard it as Rawls's enduring contribution to the topic of economic justice, despite technical deficiencies in Rawls's contractarian, decision-theoretic argument for it which occupy the bulk of the critical literature. Rawls himself, having proposed a “coherence” theory (...) of justification in metaethics, must regard the claim that his distributive criterion “is a strongly egalitarian conception” as independently a part of the overarching moral argument. The alleged egalitarian impact of Rawls's theory is crucial again in normative ethics where Rawls is thought to have developed a major counter-theory to utilitarianism, one of the most popular criticisms of which has been its alleged inadequacy in handling questions of distributive justice. Utilitarians can argue, however, as Brandt recently has, that the diminishing marginal utility of money, along with ignorance of income-welfare curves, would require a utility-maximizing distribution to be substantially egalitarian. The challenge is therefore for Rawls to show that his theory yields an ethically preferable degree of equality. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

Due to the alarming rise of antibiotic resistance, medically unwarranted use of antibiotics has assumed new moral significance. In this paper, a thematic content analysis of focus group discussions was conducted to explore lay people’s views on the moral challenges posed by antibiotic resistance. The most important finding is that lay people are morally sensitive to the problems entailed by antibiotic resistance. Participants saw the decreasing availability of effective antibiotics as a problem of justice. This involves individual as well as (...) collective moral responsibility. Yet, holding agents responsible for their use of antibiotics involves varying degrees of demandingness. In our discussion, these findings are related to the contemporary ethical debate on antibiotic resistance and two proposals for the preservation of antibiotic effectiveness are compared to and evaluated against participants’ views. (shrink)

Most discussions of Rawls’s philosophy tend to neglect the strong communitarian strand of his theory: so much so that in the debate between liberals and communitarians Rawls’s account of community has been for the most part intriguingly absent. This article is an attempt to fill in the gap by offering a discussion of the Rawlsian understanding of community as it was presented inA Theory of Justiceand its possible implications for a pluralist society. At the same time, I want to take (...) issue with one of the most influential critiques leveled against Rawls’s conception of the self: namely, Sandel’s critique of the ‘individuated subject’ that, in his view, underlies justice as fairness. Rawls’s constructions, so Sandel argues, rest on an unencumbered self that is individuated in advance and whose identity is fixed once and for all. (shrink)

Увагу у статті зосереджено на розгляді моделі перехресного консенсусу у просторі суспільної моралі та можливостей її практичної реалізації задля розбудови суспільної згоди. У пошуках надійних механізмів суспільної єдності Джон Ролз розрізнює всеохопні моральні доктрини та політичні доктрини як переконання в межах приватної та публічної сфер відповідно. Пе ре- хресний консенсус забезпечує суспільну згоду в публічному просторі, залишаючи поза своєю орбітою переконання приватної сфери. Моральні цінності перехресного консенсусу утворюють сферу суспільної моралі, діє ву в конкретно-історичному демократичному суспільстві, яке Ролз називає добре (...) впорядкованим суспільством. Конкретно-історичний характер добре впорядкованого суспільства зумов- лений відповідною фоновою культурою, яку можна імплікувати як досвід громадянськості, визначений особливостями соціальних інституцій Модерну, що є безпосереднім іманентним ду ховно-ціннісним супроводом суспільного життя, фоновим щодо експліцитних ціннісно-нор- мативних програм та стратегій вчинення індивідів у суспільному житті, зорієнтованих на оптимізацію суспільної взаємодії. Моральні цінності в межах перехресного консенсусу є міні- малістськими, контекстуальними та універсальними в своїй зо бов’язувальній чинності. Перехресний консенсус унеможливлює перетворення будь-якої все- охопної моральної доктрини на реґулятивну ідею суспільного життя і задає формальну гори- зонтальну суспільну взаємодію, кориґовану в режимі реального часу. (shrink)

Ідеї пізнього, а особливо раннього періодів творчості Ролза рідко стають предметом серйозної уваги. На думку автора, ця ситуація усталює стереотипні й однобічні тлумачення. Натомість предметна увага до Ролзових ідей раннього і пізнього етапів дає підстави істотно збагатити поле інтерпретацій в сучасній політичній філософії. Мета цієї статті потрійна: довести, що критика Мартою Нусбаум пізніх ідей Ролза, запропонована в межах підходу спроможностей, не є вичерпною; що ця критика постане більш плідною, якщо спиратиметься на деякі ранні ідеї самого Ролза, які той згодом використовувати (...) перестав; що таке поєднання критичних арґументів створює нову версію політичного лібералізму, послідовнішу за версії як пізнього Ролза, так і Нусбаум. Цю версію автор пропонує називати «експансивним політичним лібералізмом». Важливим компонентами ЕПЛ є ідея Генрі Ричардсона про взаємодоповнюваність «благого» та «правильного», арґумент пайдеї, а також інтерпретації підходу спроможностей в рамках «розумних всеохопних доктрин». Спираючись на ці компоненти, автор описує механізм впливу на «фонову культуру», з якої потім наро- джується «публічний розум», що буде визначати «політичну концепцію» Ролза. Таким чином, у рамках ЕПЛ «політична концепція» може розширюватися. Через взаємодоповнюваність «благого» та «правильного» вона набуває здатності краще реаґувати на політичні виклики, зберігаючи водночас непорушність фундаментальних політичних принципів суспільства. (shrink)