This paper offers an analysis of the notion “the quest for identity.” The discussion emphasizes the importance of communal belonging, but rejects the view that one ought to belong to the community one was born to. It suggests that the quest for identity may lead individuals to follow many avenues: while some individuals might affirm their “inherent” affiliations and traditions, others may remain within their community of origin and strive to change its ways, or chose to leave their social group (...) and opt for membership in a new one. This analysis suggests that choice, characteristic of the liberal conception of the person, and rootedness, characteristic of the communitarian conception of the person, both play an important role in the formation of personal identity. (shrink)

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) the Rawlsian account of public political justification involves a politics of omission, where citizens are expected to bracket off their most fundamental commitments and seek justifications that draw only from uncontroversial premises. This politics of omission is necessary, Rawls argues, for political stability. But there is good social epistemic evidence for the view that the politics of omission encourages insularity among like-minded groups, and that this insularity in turn generates extremism. So omission is likely to lead to instability, not stability. (shrink)

Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

Isaiah Berlin repeatedly attempted to derive liberalism from value pluralism. It is generally agreed that Berlin 's arguments fail; however, neo-Berlinians have taken up the project of securing the entailment. This paper begins with an account of why the Berlinian project seems attractive to contemporary theorists. I then examine Berlin 's argument. With this background in place, I argue that recent attempts by William Galston and George Crowder to rescue the Berlinian project do not succeed.

Tragedy and Citizenship provides a wide-ranging exploration of attitudes toward tragedy and their implications for politics. Derek W. M. Barker reads the history of political thought as a contest between the tragic view of politics that accepts conflict and uncertainty, and an optimistic perspective that sees conflict as self-dissolving. Drawing on Aristotle's political thought, alongside a novel reading of the Antigone that centers on Haemon, its most neglected character, Barker provides contemporary democratic theory with a theory of tragedy. He sees (...) Hegel's philosophy of reconciliation as a critical turning point that results in the elimination of citizenship. By linking Hegel's failure to address the tragic dimensions of politics to Richard Rorty, John Rawls, and Judith Butler, Barkeroffers a major reassessment of contemporary political theory and a fresh perspective on the most urgent challenges facing democratic politics. Derek W. M. Barker is a program officer at the Kettering Foundation. (shrink)

There has been considerable recent discussion of the social effects of “liberalism,” which are said to include a growth in out-of-wedlock childbirth, repudiation of traditions, a rise in populism, increased reliance on technocracy, inequality, environmental degradation, sexual promiscuity, deterioration of civic associations, a diminution of civic virtue, political correctness on university campuses, and a general sense of alienation. There is good reason for skepticism about these claims. Liberalism is not a person, and it is not an agent in history. Claims (...) about the supposedly adverse social effects of liberalism are best taken not as causal claims at all, but as normative objections that should be defended on their merits. These propositions are elaborated with reference to three subordinate propositions: liberalism, as such, does not lack the resources to defend traditions; liberalism, as such, hardly rejects the idea of “constraint,” though the domains in which liberals accept constraints differ from those of antiliberals, and vary over time; liberalism, as such, does not dishonor the idea of “honor.” There is a general point here about the difficulty of demonstrating, and the potential recklessness of claiming, that one or another “ism” is causally associated with concrete social developments. (shrink)

Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. (...) Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good. (shrink)

The paper argues that an assessment of individualism requires distinguishing five individualistic claims about the self and society: 1) Philosophical Individualism holds that individuals are distinct from society in their reality and capacity for knowledge; 2) The dignity of the individual is a moral belief about the status of human beings; 3) The ideal of individuality is a value belief about the value of diversity; 4) Moral individualism is a comprehensive moral theory based upon philosophical individualism; 5) Political liberalism is (...) a theory of social justice based on construing human dignity in terms of equal liberty. It is argued that philosophical individualism should be rejected and, hence, moral individualism, that individuality is desirable but not obligatory, and that political liberalism, if it can avoid a tendency toward favoring individualistic conceptions of the good, is necessary for dignity in a modern society. (shrink)

Risk and crisis communication (RCC) is a current ethical issue subject to controversy, mainly due to the tension between individual liberty (a core component of fairness) and effectiveness. In this paper we propose a consistent definition of the RCC process in public health emergencies (PHERCC), which comprises six key elements: evidence, initiator, channel, publics, message, and feedback. Based on these elements and on a detailed analysis of their role in PHERCC, we present an ethical framework to help design, govern and (...) evaluate PHERCC strategies. The framework aims to facilitate RCC, incorporating effectiveness, autonomy, and fairness. It comprises five operational ethical principles: openness, transparency, inclusivity, understandability, and privacy. The resulting matrix helps understanding the interplay between the PHERCC process and the principles of the framework. The paper includes suggestions and recommendations for the implementation of the PHERCC matrix. (shrink)

Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...) argue that in virtue of the moral significance of actual individuals, we should take actual cares and values very seriously—even if those cares and values are not expressions of the person’s autonomy—as partially constituting that individual as a concrete subject who is the proper object of our moral attention. In particular, I argue that a person’s actual cares and values have non-derivative moral significance. Simply because someone cares about something, that care is morally significant. In virtue of this non-derivative moral significance of cares, we ought to adopt of a commitment to accommodate others’ cares and a commitment not to frustrate their cares. (shrink)

The article deals with Hurka?s critique of Kymlicka and Arneson?s critique of Dworkin on endorsement constraint thesis, according to which a person cannot have a valuable life if values are imposed on her - primarily by state action - overriding her preferences and convictions on the good life. This thesis has often been identified with neutral liberalism and counterposed to perfectionism. The text argues against Hurka?s and Arneson?s argument that mild coercion and paternalistic reduction of trivial, bad or worthless options (...) can indeed bring about a more valuable life. Their argument does not acknowledge adequately the difference between coercion from a person?s immediate social environment and state coercion, which are not equally legitimate. My critique, however, does not exclude the legitimacy of perfectionistic measures, as a person could accept as justified state intervention concerning the support of particular values or goods, while at the same time not endorsing those values and goods. Not all endorsed goods or activities should be treated equally, as more relevant and valuable ones can be legitimately supported by particular policy. (shrink)

The article gives the reasons why a distinction between political morality and ethical conceptions needs to be drawn, as well as the reasons for which political liberalism is a substantial moral conception, and as such in tension with certain understandings of the neutrality. Further, the text analyzes the definition of personality through capacity for action. Recognition of this capacity is necessary, but not sufficient to attribute to a person a special status from the standpoint of political morality, since individuals also (...) must be capable to coordinate their ethical actions with moral principles of others. Further, the text critiques Charles Larmore?s moral grounding of the theory of justice on respect of persons by arguing that the concept of respect should be considered as part of the complex interrelationships with other moral concepts, such as equality. In this way, neutrality regarding content of respect, as well as neutrality regarding capacity for ethical action turns out to be insufficient. (shrink)

If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: those in which V is not harmed but she mistakenly believes that she is those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and (...) The Mixed View. The Objective View holds that V’s claim depends on the correct account of harm, rather than her false beliefs, and so D has a duty to offer damages to V in but not in in order to compensate her. The Subjective View holds that, for broadly anti-perfectionist reasons, V’s claim depends on her sincere beliefs, even if they are mistaken, and so D has a duty to compensate V in but not in. The Mixed View holds that we should defer to her beliefs in but not in, so D has a duty to compensate her in both cases. In this article, I argue that we should accept The Mixed View. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

O artigo tem o objetivo de investigar as características centrais do modelo ético coerentista utilizado por Rawls nos textos A Theory of Justice , Political Liberalism , “Kantian Constructivism in Moral Theory” , “Themes in Kant’s Moral Philosophy” , Lectures on History of Moral Philosophy , “Reply to Habermas” , The Law of Peoples , Justice as Fairness: A Restatement , Collected Papers . Especificamente, quero ver como seu construtivismo político oferece uma alternativa ao problema debatido entre realistas e antirrealistas, (...) a saber, se existem fatos morais independente das crenças ou se estes dependem da estrutura mental do agente, sendo uma alternativa tanto ao construtivismo moral kantiano como ao intuicionismo racional. Quero defender que o construtivismo político é um modelo contratualista coerentista holístico e que faz uso de uma ontologia social, conduzindo a um modelo pragmático de justificação em um âmbito público que supera este impasse em ontologia moral. Para tal, inicio com a controvérsia entre realistas e antirrealistas e, após, analiso a teoria rawlseana à luz deste debate. Por fim, procuro estabelecer algumas considerações conclusivas sobre este problema.This paper aims to investigate the core characteristics of the ethical coherentist model used by Rawls,in texts such as A Theory of Justice , Political Liberalism , “KantianConstructivism in Moral Theory” , “Themes in Kant’s Moral Philosophy” , Lectureson History of Moral Philosophy , “Reply to Habermas” , The Law ofPeoples , Justice as Fairness: A Restatement , Collected Papers . Morespecifically, I wish to see how his political constructivism provides an alternative to the problem thatrealists and anti-realists discuss, i.e., whether moral facts exist regardless of beliefs or if it there areonly in the structure of the agent’s mind, an alternative both for Kant’s moral constructivism and forrational intuitionism. I wish to point out that the political constructivism is a coherentist holisticcontractarian model and use a social ontology leading to a pragmatic justification model in the publicdomain that go beyond of this moral ontology impasse. Therefore, I will start with the controversybetween realists and anti-realists and after I will analyze the rawlsean theory in light of this debate. Inthe end, I try to show some concluding remarks about this problem. (shrink)

A edição especial da Revista Dissertatio pretende refletir sobre a importância da filosofia moral e política de John Rawls no cenário filosófico atual no ano em que sua obra mais conhecida, A Theory of Justice, completa quarenta anos. Esta data comemorativa é apenas um pretexto para uma avaliação integral do projeto de Rawls, o que inclui obras posteriores, como, por exemplo, Political Liberalism e The Law of Peoples. Os artigos aqui reunidos procuram tematizar tanto a estrutura quanto o conteúdo da (...) teoria da justiça como equidade, avaliando atentamente as suas virtudes e, também, as suas fraquezas. (shrink)

_A spirited defense of the Enlightenment against assaults from both the left and the right that explains its urgent implications for our contemporary politics_ Ours is an age when optimism about politics is hard to come by. Ian Shapiro explains why this is so and, without minimizing the daunting challenges, spells out an appropriate response. Written in the indomitable spirit exemplified by Tom Paine, _Uncommon Sense_ is a rich source of insight and inspiration in dark political times. The Enlightenment commitments (...) to reason and science are under assault from the Postmodern Left and the Authoritarian Right. Shapiro explains why the attacks are misguided and politically destructive. He agrees with the critics that there are no universal principles of justice that transcend political battles and no fair, impartial rules to govern the distribution of income, wealth, rights, or opportunities. But abandoning the search for them as futile does not mean junking the Enlightenment’s core political goal: to deploy the tools of reason and science to fight domination. Democracy is essential to vindicating that goal, yet citizens in many democracies are profoundly alienated and many democracies are in danger of failing. Shapiro explains what has gone wrong, debunks ill-considered remedies, and spells out better ones—deepening and extending his previous writing on political theory and democratic politics. (shrink)

Blockchain is an open digital ledger technology that has the capability of significantly altering the way that people operations operate in organizations. This research takes a first step in proposing several ways in which the blockchain technology can be used to improve current organizational practices, while also considering the ethical implications. Specifically, the paper examines the role that blockchain technology plays in three primary areas of people operations: entry to the organization, intraorganizational processes, and exit. In each section, the paper (...) reviews the ethical implications from the lenses of virtue ethics, utilitarianism, deontology and contractarianism. The paper concludes that in whole the implementation of blockchain technology in people operations processes can create a more ethical work environment. However, careful implementation is necessary and requires extensive examination of ethical implications in advance. (shrink)

Artikkel käsitleb kriitiliselt üht viimaste kümnendite vastandust poliitilises filosoofias — ‘poliitilise liberalismi’ (Rawls) ja ‘radikaalse demokraatia’ (Laclau ja Mouffe) vahel. Artikkel püüab käivitada potentsiaalset dialoogi nende kahe näiliselt lahkneva lähenemise vahel. Kokkuvõttes näitab artikkel, et vastandus on möödarääkimine vähemalt ühes fundamentaalses mõttes: mõlemad lähenemised jagavad ühiskonnastmõtlemisel sama aluseetost. Artiklis nimetatakse seda ‘sattumuslikkuse eetoseks’ ning väidetakse, et see on kõige fundamentaalsem alusveendumus nii Laclau ja Mouffe’i ‘radikaalse demokraatia’ kui ka Rawlsi ‘õigluse kui ausameelsuse’ idee jaoks. Artikkel osutab ka ühele kesksele kitsaskohale (...) Laclau ja Mouffe’i lähenemises: nende suutmatusele kontseptualiseerida institutsioonilisi korraldusi tulenevalt nende ülemäärasest rõhuasetust demokraatia dekonstruktiivsele potentsiaalile. Selles suhtes osutatakse ka Rawlsi käsitluse ilmselgetele eelistele, kuna see pakub juhiseid organiseerimaks demokraatlikke institutsioone. The paper concentrates on a controversy in recent decades’ political thought between ‘political liberalism’ of Rawls and ‘radical democracy’ (represented in this paper by Laclau and Mouffe). The article tries to initiate a potential dialogue between these seemingly divisive approaches. In conclusion the paper maintains that the whole controversy is misguided in one fundamental respect: both approaches share the same underlying ethos in envisioning society—‘the ethos of contingency’. It is argued that it is the most fundamental tenet informing both Laclau and Mouffe’s theory of hegemony with its complementary idea of ‘radical democracy’, and justice as fairness conceived in terms of reciprocity with its accompanying idea of public justification and reflective equilibrium. _e article points to a central impasse in Laclau and Mouffe’s approach: its incapability to conceptualize institutional arrangements due to their overemphasis on the deconstructive potential of democracy. In this respect the obvious merits of Rawls’ conception are highlighted in view of his proposals for organizing democratic institutions. (shrink)

Universal Declaration of Human Rights 70th anniversary is been celebrated in 2018. On the other hand, people are still arguing about the political, juridical, social and civilizational gains it has provided. Such discussions, however, focus on peripheral aspects of Human Rights, losing sight of what could be understood as its highest normative gain. Whenever arguments are not completely rectified, they dissociate from the social demands that actually gave them meaning and relevance. From this scope, the article intends to reconstruct the (...) conceptual and argumentative aspects of Human Rights from the critical theory of relations of justification by Rainer Forst, in which Human Rights are interpreted as arising from a fundamental right to justification. This fundamental right, in Forst’s theory, is interpreted as being part of the “deep grammar” of social conflicts. According to the Forstian theory, we argue for an interpretation of Human Rights capable of encompassing the multiple aspects of these rights, avoiding reductionism and unilateral interpretations of it. This presentation has been divided into three parts. First, it presented some traditional “pictures”, current forms of referring to Human Rights and its characteristics, against which another picture will be proposed, in order to place social conflicts and rejections of injustice as a starting point for the Human Rights. Next, the Forst’s principle of justification and the recursive argument that led toit was discussed. Finally, a critical interpretation of the Forstian proposal, which dealtwith the purposes that his theory is allegedly seeking, was carried out. (shrink)

Does the ‘Zeitenwende’ herald the beginning of a new and as yet undefined open society realism? The present essay argues this question requires critical discussion of nature and value of realist political theory, particularly at a time where international society is accelerating to somewhere which is itself as yet unclear. Adding to revisionist research on political realism in International Relations (IR) theory I sketch how a political vision I call open society realism may be developed out of Classical realism, in (...) sharp distinction to academic IR neorealism for methodological and political reasons. To strip foreign policy realism from Continental philosophy, law, and history risks that we become what political liberalism ought to avoid: a closed society with a good conscience retreating from world politics, hiding behind the ‘national’ interest as if strategic great power management is a methodic function of structure rather than the politics of an ethically conscious diplomacy. (shrink)

Research has suggested a fundamental connection between fairness and well-being at the individual, relational, and societal levels. Mattering is a multidimensional construct consisting of feeling valued by, and adding value to, self and others. Prior studies have attempted to connect mattering to both fairness and a variety of well-being outcomes. Based on these findings, we hypothesize that mattering acts as a mediator between fairness and well-being. This hypothesis was tested through Covariance-Based Structural Equation Modeling using multidimensional measures of fairness, mattering, (...) and well-being. Results from a Latent Path Analysis conducted on a representative sample of 1,051U.S. adults provide support to our hypothesis by revealing a strong direct predictive effect of mattering onto well-being and a strong indirect effect of fairness onto well-being through mattering. Results also show that mattering is likely to fully mediate the relationship between fairness and multiple domains of well-being, except in one case, namely, economic well-being. These findings illustrate the value of a focus on mattering to understand the relationship between fairness and well-being and to provide future directions for theory, research, and practice. Theoretical implications for the experience of citizenship and participation, along with cross-cultural considerations, are also discussed. (shrink)

The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

The field of Latin American philosophy has established itself as a relevant subfield of philosophical inquiry. However, there might be good reasons to consider that our focus on the subfield could have distracted us from considering another subfield that, although it might share some geographical proximity, does not share the same historical basic elements. In this paper, I argue for a possible and meaningful conceptual difference between Latin American Philosophy and Indigenous philosophy produced in Latin America. First, I raise what (...) I call Mariátegui’s Solidarity Challenge to show that there might be some neglectful treatment of the philosophical views of different Indigenous groups. I then depart from Mariátegui and engage in a critical exercise to show that even he would be guilty of failing in his own solidarity demands. I follow that by drawing out some implications of the argument. I first sketch how this differentiation would play out against the political project of “Mestizaje,” a project that seems to inform some of the Latin American philosophical tradition. I then speculate about the kinds of duties that the field of Latin American philosophy might have towards the field of Indigenous Philosophy produced in Latin America. (shrink)

Es corriente invocar el lenguaje de los derechos para demandar justicia. Sin embargo, el uso irreflexivo de este lenguaje puede ser perjudicial. En este trabajo, presento dos argumentos en favor de una más atenta reflexión sobre el concepto de derecho subjetivo. Primero, uso la distinción entre el concepto y la concepción de una noción normativa para precisar cuál es la clase de investigación que la reflexión sobre el concepto de derecho implica y los problemas que trae ignorarla para las prácticas (...) de reivindicación de justicia. Segundo, propongo que el que un individuo o colectivo tenga derecho a la satisfacción de un contenido dado significa que existen razones suficientes, pero no absolutas, para que alguien esté obligado a actuar de forma que contribuya razonablemente y de una manera especificada a la satisfacción de tal contenido. Esta propuesta del concepto de derecho subjetivo es “independiente”, en tanto permite la discusión de diferentes concepciones de derechos en una sociedad democrática. Además, articula la idea de que conceder un derecho implica siempre considerar la manera en que se distribuyen las cargas y responsabilidades al interior de una sociedad, así como la forma en que sus instituciones deben funcionar en conjunto. (shrink)

El objetivo de este trabajo es proponer un concepto de agente crítico que dialogue con una práctica democrática deliberativa, considerando qué significa el acto de dar razones. Para tal efecto, en este trabajo se discute, primero, qué significaría ser crítico o tender hacia la criticidad tanto autorreferente como hacia terceros. Esta sección está apoyada principalmente con ideas provenientes de la teoría de la argumentación y de la lógica informal. En segundo término, se aborda el concepto de democracia deliberativa a la (...) luz de la sinergia conceptual que habría entre la participación -potencial- de un agente crítico en tal contexto sociopolítico. En esta sección se pasa revista a algunas de las ideas centrales de la teoría de la democracia deliberativa. Y en la tercera y última parte, se aborda el problema de dar y recibir razones discutiendo la propuesta semántica inferencialista de Brandom (2002, 2005) para observar de qué manera este acercamiento puede aportar a una teoría de la deliberación y a un concepto -y educación- de agente crítico. En las conclusiones se sintetizan las ideas principales y, además, se hace un contrapunto entre la noción de agencia, concepto que es importante en mi propuesta, y la noción de persona, concepto de especial valor en la teoría de la democracia deliberativa. (shrink)

In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept of exclusionary reasons. (...) Next, I refer to two concepts of moral “neutrality” and how such concepts affect our understanding of Public Reason. I also reflect upon whether it is tenable to draw a distinction between the good reasons for actions that we conduct in our own lives and good reasons to be adopted in public life. Finally, I raise the question of a distinction between the reasons which we press in general societal discourse and those that we press in the advocacy-related law-making process. (shrink)

Many scholars in the area of citizenship education take deliberative approaches to democracy, especially as put forward by John Rawls, as their point of departure. From there, they explore how students’ capacity for political and/or moral reasoning can be fostered. Recent work by political theorist Chantal Mouffe, however, questions some of the central tenets of deliberative conceptions of democracy. In the paper I first explain the central differences between Mouffe’s and Rawls’s conceptions of democracy and politics. To this end I (...) take Eamonn Callan’s Creating Citizens as an example of Rawlsian political education and focus on the role of conflict and disagreement in his account. I then address three areas in which political education would need to change if it were to accept Mouffe’s critiques of deliberative approaches to democracy and her proposal for an agonistic public sphere. The first area is the education of political emotions; the second is fostering an understanding of the difference between the moral and the political; the third is developing an awareness of the historical and contemporary political projects of the “left” and “right.” I propose that a radical democratic citizenship education would be an education of political adversaries. (shrink)

For the traditional legalistic discourse on the International Criminal Court, “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature by addressing two of its (...) fundamental weaknesses: First, writers of the “non-traditional camp” often present a rather limited view of “politics”; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a “political actor”. This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why “traditionalists” treat politics as the ICC’s bête noire: Traditionalists, they claim, are “legalists” with scant interest in and understanding of politics. By focusing on the ICC’s nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called “peace versus justice dilemma”. And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The “noble lie” of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself. (shrink)

The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The article claims that in interventions carried out by the International Criminal Court, there is an ever-present potentiality for the “peace versus justice” dilemma to occur. Unfortunately, there is no abstract solution to this problem, insofar as ICC interventions will in some (...) cases be conducive while in others, they will be deleterious to peace. If a tension between peace and justice arises in a particular case, the article asserts, the former must be prioritised over the latter. Such a prioritisation, however, requires a vision of the ICC as a flexible actor of world politics which is situated at the intersection of law, ethics and politics, rather than a strictly legalistic view of the court. Ultimately, then, the present article seeks to probe whether the legal and political theories of Shklar and Arendt—in isolation, but ultimately also in combination—support such a flexible vision of the ICC. (shrink)

O presente texto apresenta a seguinte estrutura. Na primeira parte, resumirei algumas das críticas à concepção de sujeito em John Rawls; na segunda parte, examinarei um texto de Rawls de 1963, intitulado “O senso de justiça”, e procuro mostrar, com base nesse texto, que não se pode afirmar que o ser moral rawlsiano é destituído de carne, sangue ou vida, como sugeriram alguns críticos, na esteira das críticas de Hegel a Kant; em terceiro lugar, examinarei trechos de TJ que lidam, (...) direta ou indiretamente, com o conceito de sujeito; finalmente, examinarei textos de Rawls publicados após TJ que possam ser relevantes para o presente tópico. (shrink)

Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to a (...) good to be promoted. This approach also avoids the metaphysical idea of autonomy as self-origination of binding principles. (shrink)

John Rawls's ?veil of ignorance? approach to ethical decision making is a staple in mass media ethics literature, but Rawls's overarching theory of distributive justice receives less consideration in public relations ethics than in other communication disciplines. Public relations ethicists who describe the veil often divorce it from Rawls's original intention. This paper describes Rawls's theory; its uses and misuses in contemporary discussions of public relations ethics; six reasons why the veil seems to be a difficult fit for public relations (...) practitioners; and Rawlsian considerations in the context of three commonly accepted public relations models. (shrink)

(No abstract is available for this citation).

El principio de tolerancia recibe un giro novedoso en la obra de John Rawls con su propuesta de aplicarlo a la filosofía misma.

In this paper three models of teaching and learning medical ethics are discussed critically, the traditional and revised vocational models, and the patient-centred model. The autonomy-oriented patient-centred ethics of Beauchamp and Childress is rejected in favour of a hermeneutic practical ethics. A performative conception of ethics teaching is recommended as the most appropriate model for use in the theory and practice of ethics pedagogy.

This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...) go astray on subtle questions of interpretation: Freeman overemphasizes reciprocity, Pogge miscasts Rawls as a consequentialist, and Audard exaggerates the Kantian aspect of Rawls’s core, continuing commitment to “doctrinal autonomy.”. (shrink)

In our philosophical tradition and our wider culture, we tend to think of persons as agents. This agential conception is flattering, but in this paper I will argue that it conceals a more complex truth about what persons are. In 1. I set the issues in context. In 2. I critically explore four features commonly presented as fundamental to personhood in versions of the agential conception: action, capability, choice and independence. In 3. I argue that each of these agential features (...) presupposes a non-agential feature: agency presupposes patiency, capability presupposes incapability, choice presupposes necessity and independence presupposes dependency. In 4. I argue that such non-agential features, as well as being implicit within the agential conception, are as apt to be constitutive of personhood as agential features, and in 5. I conclude. (shrink)