Many people object to genetically engineerehd (GE) food because they believe that it is unnatural or that its creation amounts to playing God. These objections are often referred to as intrinsic objections, and they have been widely criticized in the agricultural bioethics literature as being unsound, incompatible with modern science, religious, inchoate, and based on emotion instead of reason. Many of their critics also argue that even if these objections did have some merit as ethicalobjections, their quasi-religious nature means that (...) they are entirely irrelevant when interpreted aspolitical objections regarding what public policy ought to be. In this paper, we argue that this widespread view is false. Intrinsic objections have much more political import than has previously been recognized, and indeed the requirements of political liberalism and its associated idea of liberal neutrality, once properly understood, protect intrinsic objections from many of the most common objections. That is, policy-makers may not legitimately base public policy on grounds that are inconsistent with intrinsic objections, even when they believe those objections to be flawed in the ways mentioned above. This means that in the context of a political debate about GE food, the discussion should not center on the substantive merits of the intrinsic objections themselves but rather on the appropriate political norms for achieving democratically legitimate policy on issues that touch people’s deepest religious and moral beliefs. (shrink)

While John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...) unfettered economic liberty without adequately connecting it to citizens' self-authorship, or showing how it could feasibly be protected alongside other basic liberties. Second, I argue that a concern for citizens' agency and economic self-authorship should lead us to endorse a social-democratic regime, not a market-democratic one. Market democracy leaves out or heavily revises key aspects of justice as fairness as developed by Rawls, including fair equality of opportunity and the fair value of the political liberties. Moreover, while Tomasi claims that social democracy rests on a perfectionist prioritizing of citizens' status over their agency, I argue that social democracy is best defended on agency-based grounds. (shrink)

Proponents of environmentalist views often urge the teaching of such views and the inculcation of ‘green’ values within the educational curriculum of schools as a key component of achieving their ends. It might seem that modern versions of political morality that refuse to take a stance on controversial questions—religious, ethical, philosophical—or eschew appeal to perfectionist doctrines, such as Rawlsian political liberalism, are beset by a particularly acute difficulty in this regard. To the extent that environmentalist views embody claims about ethical (...) matters such as how individuals should live their lives, they fall foul of this version of political morality. This article evaluates the resources available to political liberalism to respond to the challenge of bringing the teaching of green values and virtues within the national curriculum. It argues that environmental concerns differ in morally important ways from other ethical, philosophical, and religious views that are typically off-limits to political liberalism. Much that passes as green ideals are not simply a conception of the good life in the manner that religious views, for example, are. Rather, many environmental goods are crucial to the realisation of socioeconomic justice and therefore escape the requirement of state neutrality on endorsing the truth or importance of their role. A minimal political liberal education includes teaching about justice-based concerns as part of a compulsory national curriculum. (shrink)

Dialogues between companies and actors of society often start as a result of a public scandal or in a situation of crisis. They can lead to short-term public relations activism or to long-term reputation gains. On the basis of cases and of a typology of forms of dialogues, the author develops ethical criteria and conditions for a successful dialogue – the ethical basis for such criteria being values such as equality, freedom and participation. A special focus is put on challenges (...) that often result from dialogues such as the ethical judgment of compromises. This article proposes ethical criteria to evaluate compromises. This leads to a model of ethical dialogue. (shrink)

Developments in Non-Invasive Prenatal Testing (NIPT) and cell-free fetal DNA analysis raise the possibility that antenatal services may soon be able to support couples in non-invasively testing for, and diagnosing, an unprecedented range of genetic disorders and traits coded within their unborn child’s genome. Inevitably, this has prompted debate within the bioethics literature about what screening options should be offered to couples for the purpose of reproductive choice. In relation to this problem, the European Society of Human Genetics (ESHG) and (...) American Society of Human Genetics (ASHG) tentatively recommend that any expansion of this type of screening, as facilitated by NIPT, should be limited to serious congenital and childhood disorders. In support of this recommendation, the ESHG and ASHG cite considerations of distribution justice. Notably, however, an account of justice in the organization and provision of this type of screening which might substantiate this recommendation has yet to be developed. This paper attempts to redress this oversight through an investigation of Norman Daniels’ theory of Just health: meeting health needs fairly. In line with this aim, the paper examines what special moral importance (for Just health) screening for the purpose of reproductive choice might have where concerning serious congenital and childhood disorders in particular. The paper concludes that screening for reproductive choice where concerning serious congenital and childhood disorders may be important for providing women with fair opportunity to protect their health (by either having or not having an affected child). (shrink)

International guidelines recommend that prenatal screening for fetal abnormalities should only be offered within a non-directive framework aimed at enabling women in making meaningful reproductive choices. Whilst this position is widely endorsed, developments in cell-free fetal DNA based Non-Invasive Prenatal Testing are now raising questions about its continued suitability for guiding screening policy and practice. This issue is most apparent within debates on the scope of the screening offer. Implied by the aim of enabling meaningful reproductive choices is the idea (...) that screening services should support women in accessing prenatal tests that best enable them to realize the types of reproductive choice that they find important. However, beyond whatever options meet the quality standards required for facilitating an informed decision, the remaining criteria of facilitating autonomous choice is strictly non-directive. As a result, policy makers receive little indication prior to consultation with each individual woman, about what conditions should be prioritized during the offer of screening. In this paper we try to address this issue by using the capabilities approach to further specify the non-directive aim of enabling meaningful reproductive choice. The resulting framework is then used to assess the relative importance of offering prenatal screening where concerning different types of genetic condition. We conclude that greater priority may be ascribed to offering prenatal screening for conditions that more significantly diminish a woman’s central capabilities. It follows that serious congenital and earlier-onset conditions are more likely to fulfill these criteria. (shrink)

Si la familia es o no parte de la estructura básica es un tema que no queda del todo claro en la teoría de John Rawls. Por un lado, el autor afirma que lo es, pero, por otro lado, al analizar esta institución, la equipara con otras instituciones que explícitamente dice que no son parte de la estructura básica, como las iglesias y las universidades. El objetivo de este trabajo es brindar una interpretación de Rawls que solucione este problema.

Are inborn characteristics deserved or undeserved? Using Bertrand Russell's theory of descriptions and Peter Strawson's objection to this theory, I argue that this question does not make sense. In order to know whether a person deserves something she has, it is necessary to evaluate what she did before having it. But people did not exist before their birth, so they did not exist before having their inborn characteristics. Therefore, talking about people deserving their inborn characteristics does not make sense: these (...) characteristics are neither deserved nor undeserved. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Commonplace among deliberative theorists is the view that, when defending preferred laws and policies, citizens should appeal only to reasons they expect others reasonably to accept. This view has been challenged on the grounds that it places an undue burden on religious citizens who feel duty-bound to appeal to religious reasons to justify preferred positions. In response, I develop a conception of democratic deliberation that provides unlimited latitude regarding the sorts of reasons that can be introduced, so long as one (...) is prepared to defend them against criticism. Moreover, I contend that religious citizens have a powerful incentive, based on their religious convictions, to be fully responsive to criticism. I defend this proposition by drawing on Robert Erlewine’s account of Hermann Cohen’s ‘religion of reason’. (shrink)

Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...) I draw on scientifically corroborated insights offered by Adam Smith to show that they can be kept in check if certain affective and cognitive capacities are cultivated. Smith provides a compelling account of how to foster sympathetic, impartial, and projective role-taking in the process of interacting with others, which can greatly enhance our capacity and willingness to critically assess our own interests and fairly consider those of others. (shrink)

The environmental impacts of anthropogenic climate change, from an increase in global temperatures melting polar ice caps to the generation of extreme weather events, appear to be happening even mo...

Epistemic Responsibility and Democratic Justification Content Type Journal Article Pages 297-302 DOI 10.1007/s11158-011-9147-1 Authors Andrew F. Smith, Drexel University, Philadelphia, PA, USA Journal Res Publica Online ISSN 1572-8692 Print ISSN 1356-4765 Journal Volume Volume 17 Journal Issue Volume 17, Number 3.

One common justification for the pursuit of profit by business firms within a market economy is that profit is not an end in itself but a means to more efficiently produce and allocate resources. Profit, in short, is a mechanism that serves the market’s purpose of producing Pareto superior outcomes for society. This discussion examines whether such a justification, if correct, requires business managers to remain attentive to how their firm’s operation impacts the market’s purpose. In particular, it is argued (...) that the value of efficiency, despite views to the contrary, cannot be fully separated from the planning and intentions of business managers as long as those managers direct their firms in an ethically responsible fashion. This position is inspired by, and serves as a supportive clarification of Joseph Heath’s so-called “market failures approach” to business ethics. (shrink)

The article deals with the question whether an unconditional basic income is part of an ideal liberal-egalitarian welfare regime. Analyzing UBI from an ideal-theoretical perspective requires a comparison of the justice performance of ideal welfare regimes instead of comparing isolated institutional designs. This holistic perspective allows for a more systematic consideration of issues like institutional complementarity. I compare three potential ideal welfare regimes from a liberal-egalitarian perspective of justice: An ideal social democratic regime, a mixed regime containing a moderate UBI (...) and a maximal UBI regime where UBI replaces most of the welfare state. These regimes are evaluated with respect to three aspects of justice performance: the scope and neutrality of opportunities provided, institutional complementarities with a dynamic, globalized economy and the policy feedback effects on the political stability of liberal-egalitarian political coalitions. I conclude that the overall performance of a mixed regime is superior to the other regimes. (shrink)

Principles of sufficiency are widely discussed in debates about distributive ethics. However, critics have argued that sufficiency principles are vulnerable to important objections. This paper seeks to clarify the main claims of sufficiency principles and to examine whether they have something distinctive and plausible to offer. The paper argues that sufficiency principles must claim that we have weighty reasons to secure enough and that once enough is secured the nature of our reasons to secure further benefits shifts. Having characterized sufficientarianism (...) in this way, the paper shows that the main objections to the view can be avoided; that we can examine the plausibility of sufficiency principles by appealing to certain reasons that support a shift; and that we should be optimistic about the prospects for sufficientarianism because many of our strongest reasons seem to be of this sort. This shift, I claim, is the overlooked grain of truth in sufficientarianism. (shrink)

Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency and not equality. (...) The paper then argues this commitment has at least three attractive implications. Firstly, it enables defenders of Fair Equality of Opportunity to overcome Richard Arneson's powerful objections. Secondly, it suggests a revised version of the principle of Fair Equality of Opportunity that is more plausible. Thirdly, it has attractive practical implications for educational provision. (shrink)

This paper follows a trend in engineering ethics away from universal moral theories towards more contingent/contextual approaches such as pragmatist and care ethics. These methodological considerations are treated in the context of the Volkswagen Diesel Emissions scandal as a case study in the “paradox of loyalty,”. Building upon a combined pragmatist-care ethics approach, the article outlines an “ethics of commitment,” inspired by the moral philosophy of Josiah Royce. The ethics of commitment locates the site of moral value in an individual’s (...) “commitment to a cause,” where a “cause” refers to a purposive community of persons oriented by a shared end or ideal. The ethics of commitment improves upon a pragmatist-care ethics in two notable ways: first, addressing the problem of determining wrongdoing via pragmatist ethics, and second, by emphasizing the costly nature of moral action as a critical part of ethical deliberation, rather than appealing to empathy or moral sentiment. This process—described metaphorically as “centrifugal commitment”—remains contingent and fallible, but in a way that does justice to the broad scope of moral responsibility incumbent upon engineers. (shrink)

While industrial wind turbines (IWTs) clearly raise issues concerning threats to the health of a few in contrast to claimed health benefits to many, the trade-off has not been fully considered in a public health framework. This article reviews public health ethics justifications for the licensing and installation of IWTs. It concludes that the current methods used by government to evaluate licensing applications for IWTs do not meet most public health ethical criteria. Furthermore, these methods are contrary to widely held (...) fundamental principles of administrative law and governmental legitimacy. A set of decision-making principles are suggested to address this situation that are derived from existing and emerging legal principles in Canada and elsewhere. These include the Precautionary Principle, the Least Impactful Means (Proportionality) Test, and the Neighbor Principle. (shrink)

In this article I will argue that systemic institutional conditions contained within a family structure result in oppression and obscurity for mothers. In countering this somewhat gloomy assertion, I will introduce a feminist theology of obscurity as a means of actualizing personhood for mothers and acknowledging the concomitant empowerment to be found within motherhood.

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...) before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate. (shrink)

The evidence of culture’s impact on corruption and its consequences is still inconclusive despite several investigations: Sometimes, theory is lacking and causes and consequences seem exchangeable. Based on psychological research on the distribution and use of power, we predicted that a steeper distribution of power induces more corruption and elaborated its negative consequences in a complex causal model. For measuring power distribution, pervading national culture, we augmented Hofstede’s ‘Power Distance’ with three additional indicators into a reversed, more reliable and valid (...) culture composite called “Power Balanced Freedom”. Instead of the usual regression and instrument approaches, which cannot estimate multiple causal chains including causal feedback, a non-recursive path analysis was employed with data from 85 nations. PBF predicted less national Corruption, with positive effects on Gross Domestic Product and Inequality Adjusted Human Development. The often expected reverse effect of GDP on Corruption was not significant. Contrary to influential authors from economics, culture variables are the most important predictors of corruption and its consequences. Nonetheless, our extended model supports the main thrust of their ideas and adds more precision. Our conceptual distinction of the uses of power and our empirical measure PBF reflect Kant’s ethical imperative: freedom and autonomy for everyone. Widely shared life chances as measured by IHDI reflect utilitarian, consequentialist ideas. These different ethical approaches are connected in the confirmed causal model, in line with Rawls’ first and second principle of justice. (shrink)

Similarly to other accounts of disease, Christopher Boorse’s Biostatistical Theory (BST) is generally presented and considered as conceptual analysis, that is, as making claims about the meaning of currently used concepts. But conceptual analysis has been convincingly critiqued as relying on problematic assumptions about the existence, meaning, and use of concepts. Because of these problems, accounts of disease and health should be evaluated not as claims about current meaning, I argue, but instead as proposals about how to define and use (...) these terms in the future, a methodology suggested by Quine and Carnap. I begin this article by describing problems with conceptual analysis and advantages of “philosophical explication,” my favored approach. I then describe two attacks on the BST that also question the entire project of defining “disease.” Finally, I defend the BST as a philosophical explication by showing how it could define useful terms for medical science and ethics. (shrink)

Several philosophers of education argue that schooling should facilitate students’ development of autonomy. Such arguments fall into two main categories: Student-centered arguments support autonomy education to help enable students to lead good lives; Public-goods-centered arguments support autonomy education to develop students into good citizens. Critics challenge the legitimacy of autonomy education—of the state imposing a schooling curriculum aimed at making children autonomous. In this paper, I offer a unified solution to the challenges of legitimacy that both arguments for autonomy education (...) face. I first defend a particular construal of liberal legitimacy, and then consider each legitimacy challenge in light of that construal. I argue that the legitimacy challenges confronting both types of argument can be overcome. Further, I explain why we should pursue both arguments, rather than resting the entire case for autonomy education on one or the other. I conclude that each argument—if it can justify autonomy education at all—can justify autonomy education consistent with the requirements of liberal democratic legitimacy. (shrink)

The republican ideal of freedom as non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. My aim in this paper is therefore to carve out the contours of a republican conception of equality. In so doing, I argue that republican accounts of equality share a significant normative overlap with the idea (...) of ‘social equality’. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which he sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond the ideal of freedom as non-domination. (shrink)

The need for education for (as opposed to about) sustainability is urged from many sides. Initiatives in this area tend to focus on formal education. Governmental, supra-governmental and non-governmental bodies all expect much of this kind of education, which is to transform children—and through them society—in the direction of sustainability. Due to the combination of great transformative expectations or ambitions and a focus on schooling (the idea of) compulsory environmental education poses potentially severe problems for governments committed to liberal principles, (...) in particular the principle of state 'neutrality' with respect to 'comprehensive conceptions of the good life'. The central question of this article is whether liberal governments can make environmental education of this kind compulsory without coming into conflict with the liberal principle of state neutrality. I discuss three defences of the compatibility of compulsory environmental education with liberal neutrality, namely those put forward by Derek Bell, Andrew Dobson, and Simon Hailwood, as well as some problems inherent in these defences. In the final section I sketch a form of compulsory environmental education that realises at least some of the aims commonly stated for Education for Sustainability and Education for Sustainable Development, and can be justified on the basis of liberal principles. (shrink)

As a result of globalization, the number of people living outside of their countries of origin is on the rise. Among them are children of primary and secondary school age of varying socio-economic backgrounds. This article addresses the education-related challenges that children in such circumstances face. I first identify two principles – an educational adequacy principle and a presumption of responsibility on the part of a host country for meeting children’s educationalneeds – which are widely employed to guide national policy (...) decisions on educational content and the distribution of educational resources. I then discuss a number of problems that students living abroad face which, I argue, policies devised on the basis of these principles either systematically overlook or, in some cases, exacerbate. Finally, I offer two alternative principles – a cosmopolitan revision of the first and a replacement for the second with a focus on collective responsibility – designed to promote education policies better suited to a globalized world which might help to alleviate the barriers to success commonly encountered by children learning abroad. (shrink)

In this article, I develop and defend a prioritarian principle of justice for the distribution of educational resources. I argue that this principle should be conceptualized as directing educators to confer a general benefit, where that benefit need not be mediated by improved academic outcomes. I go on to argue that it should employ a metric of all-things-considered flourishing over the course of the student's lifetime. Finally, I discuss the relationship between my proposed prioritarian principle and the meritocratic principle that (...) it is presumed to supplement. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

Amartya Sen’s theory of enhancement of justice bears an insurmountable blind side that impairs and makes it incomplete, if not parochial. It dismisses coloniality as the veiled face of modernity without which any understanding of a theory of justice in a globalized world is impossible. Constructing a theory outside the complex frame of coloniality makes the theory vulnerable to severe hindrances. The duality produces a twofold but interdependent reality: for the western world it means the achievement of values such as (...) liberty and prosperity; for the non-western world, racism, extraction and exclusion. Since colonialism has been rearticulated into coloniality, these two categories cannot be isolated for they presuppose one another. Democracy remains a fallacy as long as real power depends on capitalism, which is the inextricable way of coloniality itself. Henceforth, free public discussion and free social choice remain chimerical, obtainable only when democracy as a true, unresolved conflict is a reality through the destruction of coloniality. Finally we propose a third principle of justice that would correct both Rawls’ and Sen’s conceptions of justice. Such corrections pinpoint the void in their approaches thus inverting the panoptic. (shrink)

This article contributes to the revision of the procedure of robustness analysis of mathematical models in epistemic democracy using the systematic review method. It identifies the drawbacks of robustness analysis in epistemic democracy in terms of sample universality and inference from samples with the same results. To exemplify the effectiveness of systematic review, this article conducted a pilot review of diversity trumps ability theorem models, which are mathematical models of deliberation often cited by epistemic democrats. A review of nine models (...) extracted from 352 papers exemplifies the effectiveness of robustness analysis supplemented by systematic review in epistemic democracy. (shrink)

Sumantra Ghoshal’s condemnation of “bad management theories” that were “destroying good management practices” has not lost any of its salience, after a decade. Management theories anchored in agency theory (and neo-classical economics generally) continue to abet the financialization of society and undermine the functioning of business. An alternative approach (drawn from a more classic institutional, new ecological, and refocused ethical approaches) is reviewed.

The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways we have (...) at our disposal for filling in those variables, it will become apparent that a reasonable version of the principle will be quite narrow. Its usefulness as a justificatory basis for social policies will be limited to those policies that target the distribution of competitive opportunities among people entering majority. (shrink)

Jeffrey Stout claims that John Rawls's idea of public reason (IPR) has contributed to a Christian backlash against liberalism. This essay argues that those whom Stout calls “antiliberal traditionalists” have misunderstood Rawls in important ways, and goes on to consider Stout's own critiques of the IPR. While Rawls's idea is often interpreted as a blanket prohibition on religious reasoning outside church and home, the essay will show that the very viability of the IPR depends upon a rich culture of deliberation (...) in which all forms of reasoning can be put forth for consideration. This clarification addresses the perception that the IPR imposes an “asymmetrical burden” upon believers. In fact, the essay suggests that there are good reasons why believers, qua believers, might endorse the IPR. (shrink)

Bioethics uses various theories, methods and institutions for its decision-making. Lately, a dialogical, i.e., dialogue-based, approach has been argued for in bioethics. The aim of this paper is to explore some of the decision-making processes that may be involved in this dialogical approach, as well as related pitfalls that may have to be addressed in order for this approach to be helpful, particularly in clinical ethics. Using informal logic, an analysis is presented of the notion of dialogue and of the (...) stages of dialogical decision-making, and then processes and related pitfalls associated with these stages in the context of clinical ethics are examined. The results of this exploration are expected to facilitate the implementation and empirical testing of dialogical bioethics. (shrink)

O presente texto propõe-se discutir o suposto caráter abstrato da chamada democracia deliberativa, tomando como base a ética discursiva e a teoria da ação comunicativa. Se, por um lado, a democracia deliberativa não pretende ser mais que um modelo teórico para orientar as discussões em torno da democracia, por outro, alguns de seus enunciados podem e são efetivamente incorporados à prática política das sociedades democráticas contemporâneas. A questão aqui é saber o quanto de concreto e propositivo se pode encontrar especialmente (...) nas proposições de Habermas a respeito da democracia deliberativa. This paper proposes to discuss, based on discourse ethics and communicative action theory, the supposed abstract character of deliberative democracy. If on the one hand deliberative democracy does not intend to be more than a theoretical model to guide discussions on democracy, on the other hand some of its ideas and can be, and are being, effectively incorporated into the political practice of contemporary democratic societies. The question here is one of knowing how much of the concrete and relevant can be found in Habermas' proposals regarding deliberative democracy. (shrink)

This article explores the ideological origins of the American free-speech tradition. It analyzes the two principal categorizations of free speech in classical antiquity: isegoria, the right to voice one’s opinion, and parrhesia, the license to say what one pleases often through provocative discourse, thus grounding modern free-speech epistemology and jurisprudential philosophy in a sociohistorical context. Part 1 reviews the First Amendment corpus juris. A progression of incrementally absolute judicial holdings promotes parrhesia, highlighting democratic utility over individual self-actualization; thus, Americans no (...) longer view freedom of speech as an end ipso facto. While Athenian democracy recognized the need for provocative speech, certain institutional and social constraints, such as dokimasia, established standards of truth and accountability. Part 2 frames the historical developments of isegoria and parrhesia for modern analysis. The author begins by discussing isegoria’s principal aims, namely, promoting individual self-actualization and effective democratic governance. The European free-speech tradition, which views the individual as the locus of power, favors the former. The American tradition, which ‘depersonizes’ civil liberties such that the collective becomes the locus of control, favors the latter. Part 3 identifies the colonial developments in Anglo-American history that account for present-day U.S. free-speech permissiveness. It shows that the American preference for parrhesia-based absolutism was born from British imperialism and censorship. Part 4 suggests a need to reexamine free speech-understandings in the context of new-media proliferation and digital content regulation. The dominance of U.S.-based social media companies injects the American speech tradition into cultures with disparate free-speech philosophies and practices. (shrink)

Must a society aim indefinitely for continued economic growth? Proponents of economic growth advance three central challenges to the idea that a society, having attained high levels of income and wealth, may justly cease to pursue further economic growth: if environmentally sustainable and the gains fairly distributed, first, continued economic growth could make everyone within a society and globally, and especially the worst off, progressively better off; second, the pursuit of economic growth spurs ongoing innovation, which enhances people’s opportunities and (...) protects a society against future risks; and third, continued economic growth fosters attitudes of openness, tolerance, and generosity, which are essential to the functioning of a liberal democratic society. This article grants these challenges’ normative foundations, to show that, even if one accepts their underlying premises as requirements of justice, a society may still justly cease to aim for economic growth, so long as it continues to aim for and realize gains on other dimensions. I argue that, while continued economic growth might instrumentally serve valuable ends, it is not necessary for their realization, as a society can achieve these ends through other means. (shrink)

This paper critically examines Richard Rorty’s “justice as larger loyalty” proposal. While Rorty is right, I argue, to reject the Kantian idea of a strict bifurcation between justice and loyalty, the former corresponding to reason the latter corresponding to sentiment, my argument is that it is nevertheless a mistake to follow Rorty in conceiving of justice as he recommends we should. This is not an endorsement of the rationalistic Kantian view Rorty rejects. Rather, I argue that there are compelling Rortyan (...) reasons for rejecting the “justice as larger loyalty” proposal, and that the argument against that proposal is paradoxically very much in the spirit of Rorty’s moral and political thought. (shrink)