Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)

This article argues that resolutions to the sorites paradox offered by epistemic and supervaluation theories fail to adequately account for vagueness. After explaining the paradox, I examine the epistemic theory defended by Timothy Williamson and discuss objections to his semantic argument for vague terms having precise boundaries. I then consider Rosanna Keefe's supervaluationist approach and explain why it fails to accommodate the problem of higher-order vagueness. I conclude by discussing how fuzzy logic may hold the key to resolving the sorites (...) paradox without positing indefensible borders to the correct application of vague terms. (shrink)

This dissertation attempts to preserve the central tenets of a global moral theory called “the capabilities approach” as defended by Martha Nussbaum, but to do so in a way that better realizes its own goals of identifying gender injustices and gaining cross-cultural support by providing an alternative defense of it. Capabilities assess an individual’s well-being based on what she is able to do (actions) and who she is able to be (states of existence). Nussbaum grounds her theory in the intuitive (...) idea that each and every person is worthy of equal respect and dignity. The problem with grounding a theory in a version of intuitionism is that it runs the risk of authoritarian moral reasoning. I argue Nussbaum, in fact, is the final arbiter who decides which intuitions are mistaken, which are not, and how to interpret what people say to fit into her own framework. This method of justifying capabilities is most problematic in cases of social inequality whereby dominant group members do not feel they need to check their intuitions against non-dominant group members, and even if they did, they are not forced to take the non-dominant group’s intuitions seriously. I find capabilities as a global moral theory to be very promising, and I agree with Nussbaum that a list of capabilities is beneficial for identifying people who are not able to live a truly dignified human life. However, I am also sympathetic to the criticism of defending capabilities using a version of intuitionism. So, I offer an alternative method of justifying the capabilities rooted in the discourse ethics tradition. This method seeks all persons that are affected by the outcome to freely and equally share their opinion. This avoids the charge of authoritarian moral reasoning, because (1) it seeks perspectives other than simply one’s own, but unlike traditional ethics, it (2) pays special attention to the ways in which power relations shape dialogue. Ultimately, I hope to have preserved the central tenets of the capabilities approach while better realizing Nussbaum’s commitment to defending a theory that is gender sensitive and has gained cross-cultural support. (shrink)

In this thesis, I defend John Rawls’s assertion that political liberalism does not use the concept of truth. I respond to objections from Joshua Cohen and David Estlund. I argue that Cohen fails to show that public reason needs a minimalist conception of truth, since individuals with a range of conceptions of moral truth can meet the requirements of public reason. I dispute Estlund’s argument that the liberal principle of legitimacy is merely insular. Estlund assumes that the claim that the (...) liberal principle of legitimacy is reasonable is no different than the claim that the principle is acceptable to reasonable persons. I argue that this assumption is incorrect, and that therefore the liberal principle of legitimacy is justifiable on the grounds that it is reasonable. I argue that political liberals need not worry that doing without the concept of truth will undermine the semantic coherence or objectivity of political liberalism. (shrink)

In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...) transcending a `lower' mode of selfhood for a `higher' one in concern for `strong goods'. One of the main issues that Taylor raises is whether re-enchantment requires theism for its full adequacy. He advances - often as `hunches' - controversial claims regarding the significance of theism (1) for defending strong evaluative realism and (2) for motivating an ethic of universal human concern. I seek to fill out his hunches in terms of a theistic teleological perspective that is centered on the `telos of communion'. I argue that such a view is important for overcoming the problem of what Bernard Williams calls the `radical contingency' of ethical beliefs, which seems to undermine their normative authority. However, I argue that if a non-theistic view of cosmic purpose (e.g., Thomas Nagel's view) can be regarded as a viable option, then it could also help to address this problem and support a kind of re-enchantment. Taylor also advances the controversial view that (3) there is an ineradicable draw to `transcendence' in human life in connection to the quest for the meaning of life. Here he opposes certain mainstream theories of secularization that see it as a process involving the ineluctable fading away of the relevance of religion. I seek to fill out and defend Taylor's view in this matter. Besides providing a reading of Taylor's work as a whole and advancing further some of the issues he raises, I also examine his general evaluative framework based on his account of strong evaluation. In doing so I show how he provides a distinct and important perspective among contemporary moral philosophers. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed at overcoming the (...) limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

In this thesis, I propose to explore Plato's moral and political thought in the Republic and compare it with similar ideas in Confucian thought, and in modern liberal thought. In Part I, I deal with Plato's notion of 'doing one's own job' in the just state (ch. 1), and with the Confucian approach to achieving an orderly society (ch. 2). In Chapter 3 the idea that both the Platonic just state and Confucian orderly society are communitarian by nature will be (...) discussed. It is noticeable that although both Plato's and Confucius' accounts of the just state have the colour of communitarianism, yet their accounts are in one way or another different from the modern communitarian's account of the just state. In addition, there are also important differences between Plato and Confucius. Take the relation between personal good and the common good as an example. Both Plato and Confucius hold that in the ideal state one's own good is identical with the good of the state as a whole. But communitarians hold that the common good is prior to personal good. That is, for the communitarians, there is a distinction between personal good and the common good (Section 3). In Part II, I shall consider a problem which arises from the discussion of Plato's notion of the tripartite soul that there is a sub-division in each part of the soul, which leads to infinite regress. I argue in Chapter 4 that this problem can be avoided. So long as there is no 'degree of rationality' among the three parts. That is, only reason is capable of calculating, and the other two parts do not have the capacity of reasoning. This account of the tripartite soul makes sense of why Plato puts such strong emphasis on education. For through education, spirit and appetite are willing to be under the control of reason. (shrink)

My dissertation combines philosophy of science and political philosophy. Drawing directly on the work of Alasdair MacIntyre and inspired by John Dewey, I develop two rival conceptions of scientific practice. I show that these rivals are closely linked to the two basic sides in the science and values debate -- the debate over the extent to which ethical and political values may legitimately influence scientific inquiry. Finally, I start to develop an account of justice that is sensitive to these legitimate (...) and illegitimate influences. (shrink)

a das questões políticas e éticas mais importantes com que se confrontam as sociedades que empreendem transições do autoritarismo ou totalitarismo para a democracia, é como lidar com o legado de um passado repressivo, como conhecer a verdade, criar as condições para a justiça, e compensar as vítimas de violações dos direitos humanos. Esta questão não é uma invenção do século 20, mas este século foi de facto notável, não só pelo “o genocídio e os regimes de tortura” que o (...) marcaram, mas, como afirma Martha Minow, “a invenção de formas de respostas legais novas e distintivas” para lidar com essa realidade. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)

In 1951 John Rawls expressed these convictions about the fundamental issues in metaethics: [T]he objectivity or the subjectivity of moral knowledge turns, not on the question whether ideal value entities exist or whether moral judgments are caused by emotions or whether there is a variety of moral codes the world over, but simply on the question: does there exist a reasonable method for validating and invalidating given or proposed moral rules and those decisions made on the basis of them? For (...) to say of scientific knowledge that it is objective is to say that the propositions expressed therein may be evidenced to be true by a reasonable and reliable method, that is, by the rules and procedures of what we may call "inductive logic"; and, similarly, to establish the objectivity of moral rules, and the decisions based upon them, we must exhibit the decision procedure, which can be shown to be both reasonable and reliable, at least in some cases, for deciding between moral rules and lines of conduct consequent to them.1 In this passage Rawls reconfigured the issue of moral objectivity and so reoriented the practice of metaethics from linguistic analysis to rational methodology. In so doing, his work has provided inspiration to philosophers as disparate in normative views as Thomas Nagel,2 Richard Brandt3, Alan Gewirth4, and David Gauthier.5 Rawls replaced the Moorean question, Do moral terms refer? with the Rawlsian question, Can moral judgments be the outcome of a rational and reliable procedure? He later gave a resoundingly positive answer to this question6 and later still, a more tentative one.7 Rawls' considered qualification of his earlier enthusiasm about the extent to which moral philosophy could be "part of the theory of rational choice"8 is a tribute to the seriousness with which he took his critics' objections. (shrink)

Hobbes, Locke, Rousseau y Kant suelen ser catalogados como pensadores contractualistas por compartir la lógica narrativa de que el origen del Estado tiene un carácter pactual. Estableciendo los linderos del contractualismo con respecto de otras teorías sobre el origen del Estado, buscando posturas filosóficas afines y evaluando la coherencia interna en las narrativas de estos autores, en el presente artículo se contrastan los principales argumentos de los autores con los requerimientos que exige la filosofía para conformar un cuerpo teórico unificado.

George Klosko attempts to solve a problem put forth by Rawls, namely how to create a persisting, just and stable liberal democracy in light of pluralism. He believes Rawls has failed at this task through the employment of political constructivism. Klosko claims that since Rawls does not utilize actual views within the existing public to form principles of justice, his method would fail to reach an overlapping consensus. As an alternative, Klosko proposes the method of convergence, which utilizes actual societal (...) views to find overlapping concepts that inform the principles of justice. My argument is that Klosko misconstrues the method and aims of political constructivism. Klosko seems to incorrectly believe that stability is primary to establishing a liberal democracy, whereas it is secondary to the achievement of justice. Because of this error, Klosko’s method of convergence potentially has the consequence of creating a society which is stable but unjust. (shrink)

Contemporary political liberalism defends the view that any legitimate law ought to be justified to those reasonable citizens subject to it. A standard way in which to accomplish this task is to construct a set of public reasons, comprised of constitutional essentials and public democratic values, which are then used to justify all political mandates. The dissertation begins with a criticism of this process of justification for outcomes of legitimate procedures of public decision-making. It argues that given how reasons contribute (...) to judgment formation, it is highly optimistic to assume that reasonable consent on procedures of collective decision-making correspond to the justifiability of procedural outcomes. Instead, I argue for an ideal of legitimate decision-making which enables each citizen to assume a threshold level of personal responsibility for all political decisions made by the political collective. Integrating responsibility into a theory of liberal legitimacy requires a reformulation of the rules of public justification. I argue that citizens concerned with making responsible political decisions must be allowed to justify their political positions through both reasonable judgments as well as sympathetic judgments such as compassion for those who live with disability and mercy towards the criminally motivated. The notion of sympathy, as formulated by David Hume and expanded by Adam Smith, provides an account of how individuals’ ethical evaluations are affected by their ability to be in fellow-feeling with other people. A substantial portion of my doctoral thesis considers the situations in which a private judgment couched in sympathetic terms can meet political liberalism’s demands of publicity and reciprocity. (shrink)

The strong correlation between people’s socioeconomic position and health within high income countries is a well-documented fact. A person’s occupation, income and education level tell us a lot about that person’s prospects on a long and healthy life, such that we can speak of a ‘social gradient in health’, or a ‘socioeconomic health gap’. This association is often perceived to be unjust. Therefore, it is generally thought that governments should aim to reduce socioeconomic health inequalities. However, this idea needs ethical (...) justification, for it is not evident if and why exactly these inequalities are unjust. For instance, are inequalities in health unjust per se? Or because the underlying socioeconomic inequalities are unjust? And does justice require equal health levels, or a minimum level of health? What complicates the issue, is that the width of the health gap, or the steepness of the social gradient, depends on what health measures are used. Overall, the more subjective the measure, the greater the inequalities appear to be. But are all these measures equally morally relevant? This dissertation aims to give a better understanding of these philosophical questions. It does so by investigating the question of what we should understand by health in the first part, after which it addresses the question of how to evaluate socioeconomic health inequalities in the light of justice. The introduction begins with a description of the phenomenon of socioeconomic health inequalities, and how it has been addressed by politicians, epidemiologists and philosophers in the past and today. The chapter continues by formulating the central question of the dissertation – that of which health inequalities should be focused in the light of a concern with social justice. It explicates how this dissertation contributes to answering that question, by discussing the potential relation between the conceptualisation of health and justice evaluations, and by discussing which questions are addressed in each of the following chapters. The chapter 2 addresses the question of how health is conceptualised in the philosophical and public heath literature, and how theoretical concepts of health differ. It proposes to approach health concepts as a Wittgensteinian family of thick concepts and argues that while theories on health generally argue in favour of one specific concept, a comparison of concepts shows that we may need different concepts of health given the variety of health practices. By explicating the differences between five concepts of health, this chapter argues that each captures aspects of health that all seem relevant when we talk and think about health. Classifying these concepts based on their distinctions reveals them as members of a conceptual family: each of the discussed concepts differs from the others in at least one respect and resembles the others in several respects. Moreover, the discussion of the concepts shows that ‘health’ always both describes a condition and values that condition at the same time. Having both descriptive and evaluative dimensions, we can see health concepts as ‘thick concepts’. Given this evaluative dimension, it is important to reflect on the question of what understanding of health guides specific practices. Moreover, the distinctions revealed by the classification can serve as a conceptual toolbox for reflection on the assumptions and purposes of health practices. How such reflection could work is illustrated by a brief exploration of what health aspects are focused upon in three specific health practices. Chapter 3 presents a study into the question of how health is conceptualised by ordinary citizens and to what extent conceptualisations of health differ between socioeconomic groups. By making use of the method of concept mapping, this study analyses how different socioeconomic groups formulate their own answers regarding the question ‘what does health mean to you?’. It presents concept maps of health for three different socioeconomic groups living in the city of Utrecht that reveal that all groups have a multidimensional understanding of health. An interpretation of the concept maps reveals nuanced differences between groups. The multiple aspects of health were also ranked by importance. It appears that each group assigned most importance to mental health. All in all, the study shows that people in lower socioeconomic groups are more likely to show a conceptualisation of health that refers to 1) the absence of health threats, 2) a person within his/her circumstances, 3) the value of functional notions, and 4) an accepting attitude towards life. Chapter 4 addresses the question of what the theoretical and empirical study to concepts of health could imply for health equity practices. It does so by exploring further the suggestions made in chapters 2 and 3. Regarding the question of which health aspects should guide health equity policies, this chapter discusses the question of whether we should primarily look at subjective or objective health measures, and whether a universal or relative standard of health should be central. While justice-related concerns of impartiality and equal treatment may seem to favour an objective perspective and a universal health standard, it appears that we have good reason to account for the subjective perspective as well. It is also argued that a concern for recognition and participatory parity gives room for relative health standards. Th room for relative health standards confronts us with the question of how to deal with mechanisms like adaptive preferences that the concept maps reveal. It proposes a way out, by arguing for society-relative health standards. Chapter 5 examines the question of whether inequalities in health should be evaluated ‘directly’, thus independently of a distribution of their social determinants. It proposes a sufficientarian perspective, such that the central question of evaluation is that of whether everyone is – or can be – healthy enough. By discussing two sufficientarian approaches to health and social justice – by Powers & Faden and by Nussbaum – this chapter distinguishes two ways of setting a threshold level for health. Both approaches appear to provide an unsatisfactory basis for justice evaluations and lead us away from direct evaluation if we try to settle health minima that are less arbitrary. In anticipation to chapters 6 and 7, it is argued that the perspective of sufficient health for relational equality escapes this arbitrariness: compared to that of a decent human life, it better helps to answer both the question of what socioeconomic health inequalities a society is due to avoid, and the question of when socioeconomic health inequalities are unjust considering their consequences. Chapter 6 discusses to what extent Daniels’s theory of health justice provides a satisfactory answer to the question of what health inequalities a society is due to avoid. Daniels proposes an indirect evaluative approach by arguing that we should evaluate socioeconomic health inequalities in the light of Rawls’s principles of justice as fairness. That is, if socioeconomic inequalities are in accordance with fair equality of opportunity and with the difference principle, the corresponding health inequalities would be just. It is shown that the suggestion that Rawls’s principles regulate the social determinants of health neglects that not all social determinants of health belong to society’s basic structure as conceived of by Rawls and are thereby not subjected to the principles of justice. To acknowledge the social mechanisms leading to socioeconomic health inequalities in their full complexity, it is argued that we should broaden our understanding of society’s structure in accordance with Young’s notion of social structural processes. This renders the question of what health inequalities a society is due to avoid into a question of what we can expect from the side of the various actors that uphold the social structures that produce socioeconomic health inequalities. Lastly, it is discussed how a shift to Young’s theory completes the shift to non-ideal theorising that seem already initiated by Daniels, and that with this, the distinction between direct and indirect evaluation dissolves. Chapter 7 discusses to what extent equality in health is of instrumental value for a society of free and equals. It thus takes up the idea proposed in chapter 5, that an evaluation of the consequences of health inequalities is also due. Taking relational equality as an evaluative framework reveals three ways in which inequalities in life expectancy threaten this ideal. That is, via unequal risks to stigmatisation, unequal risks to unemployment and the risk of unequal pension enjoyments. It is thereby shown that these risks are especially great for those lower down the socioeconomic strata. It thus concludes that equality in health is of instrumental value to relational equality. The chapter continues to argue that our instrumental approach opens a new perspective: to mitigate the identified injustices by changing society, rather than by reducing inequalities in health. This is argued to be an advantage in the light of the realistic assumption that of the socioeconomic health inequalities will persist. The paper thus offers a complementary approach to both the evaluation and the mitigation of the injustice of socioeconomic inequalities in health. The discussion chapter summarises the central findings of the analyses of health concepts and discusses questions regarding the philosophical and practical merits of comparing theoretical health concepts, the need for developing new health measures or concepts and the importance or nonsense of studying citizen’s views on health. Repeating this for the dissertation’s second part, the central findings of the chapters on justice evaluation are summarised and followed by a discussion of questions and issues that have remained unaddressed so far. Here, central points of discussion are my take on rules of distribution, the distinction of direct and indirect evaluation, the role of ideal and non-ideal theory, the idea of relational equality, and personal responsibility for health. The chapter concludes by noting that also in the light of justice evaluations, all commonly used health measures are relevant for justice. Therefore, my recommendations for policy and further research entail that inequalities in each of these measures deserve attention by both policymakers and researchers. Specifically, policymakers and researchers should give attention to how exactly each of these health inequalities come about, in such a way that a discussion about the question of who can be assigned responsibility to alleviate them is well-informed; and both should give attention to the effects of health inequalities on the opportunities for people to live on equal standing, in such a way that when these opportunities are diminished, actions can be considered to aim to restore relational equality. (shrink)

I argue that Rawls’s political philosophy relies on a moral conception of the person which he inherits from Kant’s conception of the person, despite Rawls’s claim that he is doing political philosophy first. Scheler’s critique of Kant contains a critique of his concept of the person and I apply this critique to Rawls’s use of it as a founding part of his political philosophy. This is done not to argue against Rawls’s politics per se, but to argue, in the light (...) of Scheler’s phenomenology, that its theoretical foundations may be unsteady. I claim that Scheler’s concept of the person may be used either for a communitarian critique of Rawls or for a foundation to strengthen Rawls’s political conception of the person. (shrink)

La igualdad política es uno de los presupuestos fundantes de todo Estado democrático de derecho: se trata de un principio ordenador de la praxis democrática de los diversos poderes políticos y jurídicos del Estado. En este marco, trabajos recientemente publicados que analizan este tema se orientan a justificar la necesidad de su implementación tanto desde el punto de vista individual de los ciudadanos, como así también desde una perspectiva socio-histórica y jurídica que tiene en cuenta el ordenamiento democrático-institucional que, paradójicamente, (...) en ocasiones fomenta la desigualdad. El presente trabajo se propone contribuir a la discusión de este problema desde los presupuestos filosóficos de la democracia deliberativa, cuyo sentido reconstructivo y planteamiento teórico permiten fundamentar el principio de igualdad, y otorgar mayor respaldo conceptual a las pretensiones normativas de su reconocimiento. ARK: ark:/s18537960/8maie3o1r. (shrink)

This paper is a discussion of the ways in which the notion of public reason has come to manifest itself in recent Islamic writings. The discussion is part of an effort to discover a common language in terms of which Islamic and liberal/secular discourses about democracy and public debate can be understood. The difficult question we are left with is whether it is permissible to speak of “public reason” sans phrase, or whether the notion must always be qualified by reference (...) to culture and religion. (shrink)

Scholars have long recognized the existence of myriad widespread deep disagreements on values, justice, morality, and ethics. In order to come to terms with such deep disagreements, resistant to rational solution, this article asserts the need for developing an ethics of disagreement. The reality that theoretical disagreements often turn into practical conflicts is a major justification for why such an ethics is necessary. This paper outlines an ethics of deep disagreement that is primarily conceived of as a form of virtue (...) ethics. Such an ethics asks opposing parties in moral and intellectual conflicts to acknowledge that (a) deep disagreements exist, (b) opposing positions should be recognized as worthy of respect, and that (c) one should seek dialogue and mutual understanding. This ethical approach conceives of toleration as a moral and political virtue and presents an argument for toleration based on deep disagreements. (shrink)

The following essay begins by outlining the pragmatist link between truth claims and democratic deliberations. To this end, special attention will be paid to Jeffrey Stout’s pragmatist enfranchisement of religious citizens. Stout defends a deliberative notion of democracy that fulfills stringent criteria of inclusion and security against domination. While mitigating secular exclusivity, Stout nonetheless acknowledges the new visibility of religion in populist attempts to dominate political life through mass rule and charismatic authorities. In response, I evaluate recent innovations in deliberative (...) democratic systems theory (DDST). By adding a pragmatist inflection to DDST, I aim to apprehend the complex religious interactions between partisan interest groups as well as the trust-building capacities of minipublics. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

The constitutionalist debate - over where decision-making power in society should lie, and how it should be exercised - is one which is of fundamental importance not only in academia and constitutional theory, but in society generally. The main aim of this thesis is to critically examine the current debate from a particular, sceptical philosophical perspective - one which questions the possibility of convincingly defending moral premises. This controversial perspective, which goes to the heart of debates over moral realism, objectivity, (...) and epistemology is set out and defended in detail, drawing on the work of the sceptical and strongly anti-foundationalist legal theorist, Arthur Leff, and the pragmatic philosophy of Richard Rorty. Some implications of this perspective for the constitutionalist debate and key approaches within it are then considered in the rest of the thesis . This examination includes instrumentalist arguments and "democratic" arguments often relied on by various sides in the debate. It is argued that, when taken to their underlying premises and assumptions, each approach is misguided from the perspective defended here and, therefore, that the current constitutionalist debate is unsatisfactory. Some suggestions of the way forward following this argument are then made. (shrink)

One of the challenges that liberal neutrality faces in diverse societies is how to maintain neutrality towards conception of the good life, when establishment of a particular conception of the good and exclusion of other conceptions is inevitable, as in the case of language regulation. A possible solution is to justify this establishment by appealing to universal reasons, thus refraining from endorsing the intrinsic value of the established conception. This paper argues that such a solution is limited, as it does (...) not cover all inevitable-establishment domains. This is because there is a distinction within inevitable-establishment domains: domains in which rival options can coexist, such as language policy, and domains in which options are mutually exclusive, such as land-use policy. The paper argues that language policy is a coexistence domain, since it allows for a degree of personal agency, and it can refrain from making value judgments about the language that is endorsed by the state. Spatial organization and land-use policy, on the other hand, must rest on value judgments about the good life and cannot accommodate neutral justifications. The distinction has important implications for the scope of neutrality: neutrality turns out to be applicable in coexistence domains, and inapplicable in mutually-exclusive domains. Ultimately, it may be the case that neutrality may not be applicable even in language policy, since language policy exhibits characteristics of a mutually-exclusive domain. (shrink)

Difficult questions regarding the so-called limits of toleration or accommodation are inevitable in today’s diverse, immigration societies. Such questions cannot be satisfactorily answered through simple assertions of the majority’s will or by retreating to a defense of ‘core liberal values.’ Rather, dealing with the challenges of diversity in a manner consistent with liberal-democratic principles requires that decision-making concerning the terms of collective life be informed by sincere and respectful deliberation. But how and where do we go about engaging in such (...) deliberation? This essay suggests that the courts seem to offer an arena that is more conducive than other traditional democratic institutions in terms of enabling the type of dialogue and analysis essential to realizing meaningful deliberation. Paradoxically, then, the judicialization of politics can be understood to be an ally, not an enemy, of meaningful deliberation in diverse democracies. (shrink)

This article explores an alternative to the established dichotomy between philosophical accounts of human rights, characterized by a foundationalist tendency, and political accounts of human rights, which aspire to be non-foundationalist. I argue that in order to justify human rights practice, political accounts of human rights cannot do without the support of theoretical foundations, although not necessarily of the natural-law variety. As an alternative to natural-law metaphysics, a deflationary theory of human rights, based on a deflationary account of truth, is (...) put forward. Starting from a distinction between ‘extreme’ and ‘moderate’ forms of deflationism, this article defends a constructivist theory of human rights grounded on the Humean notion of conventionalism. This innovative approach to human rights provides political conceptions of human rights with the foundations they need, but are currently lacking. (shrink)

Concerned with interreligious conflict in Indonesia, this study seeks to describe and evaluate the current citizenship education that has been designed and implemented for a democratic multireligious Indonesia. The context for the study, outlined in Chapters 1 and 2, is contemporary Indonesian society. Three features of this society are highlighted as especially significant. First, it is characterized by a wide diversity of religious groups. Second, it is governed by the state which acknowledges religious diversity with an official stance of interreligious (...) tolerance. Third, since 1998 it has adopted a democratic political system. The study begins by outlining how the state and national education has tried to meet demands of national unity and those of religious acknowledgment. The remainder of the study combines philosophical and qualitative empirical methods. In Chapter 3, I critically examine three contemporary liberal theories of citizenship education models. I suggest that these theories contain important insights relevant to a forward looking assessment of Indonesian citizenship educational policy and practice even though Indonesia is not a secular liberal democracy in the 'Western' mould. Specifically, I argue that what is critical to cultivate in multireligious Indonesia is the core idea of political liberalism – that is, the capacity for "public reasonableness" which involves the attitude and capacity to think, to judge and to behave in a way reasonable to pluralist societies. Chapters 4 and 5 focus on two case studies of public senior high schools in Jakarta and provide examples of citizenship education taking place in the education system. Overall, I found that although educational policy and the public schools I studied did indeed focus on civic knowledge transmission, the specific practices indicated mixed results for achieving the desired aims of citizenship education for a multireligious Indonesia. On the positive side, school settings were relatively diverse and facilitated a good deal of social interaction and created the potential for shared civic knowledge across religious differences. In some cases, friendships and cooperative relationships among religiously diverse students seemed to occur. On the negative side, there were cases of interreligious discrimination, misunderstanding, tension and conflict and these seemed to originate from a lack of open communication, and interreligious misunderstanding and ignorance. Furthermore, when it came to the official curriculum and classroom practice, both schools emphasized confessional religious education, ignored the internal diversity of religion, lacked exposure to religious diversity, deemphasized democratic deliberation and opposed interreligious dialogue. As such, I argue that the schools are missing a crucial element of citizenship education for "public reasonableness" as proposed by the political liberalism model studied in Chapter 3. I conclude that in order to meet the demands of creating a citizenry prepared to address the challenges of religious diversity, disagreement, and respectful interaction, Indonesian citizenship education should seek to encourage the following characteristics: 1) maintain and increase, where possible, religiously diverse school settings, 2) ensure fairness in accommodation of diversity, 3) intensify social interaction and practice of democracy and dialogue, 4) focus on the development of deep shared civic knowledge, and 5) develop interreligious conversation and knowledge of religious diversity. It is important to start talking about these issues or otherwise as Indonesians we will continue to combat one another, with all Indonesian citizens being the losers in the end. (shrink)

Inclusive design prescribes addressing the needs of the widest possible audience in order to consider human differences. Taking differences seriously, however, may imply severely restricting “the widest possible audience”. In confronting this paradox, we investigate to what extent Rawls’ theory of justice as fairness applies to design. By converting the paradox into the question of how design can be fair, we show that the demand for equitability shifts from the design output to the design process. We conclude that the two (...) main questions about justice find application in design: the question about the standards of justice and the question about its metrics. We endorse a Rawlsian approach to the former, while some revision may be due regarding the latter. (shrink)

This thesis reconstructs John Rawl's Original Position in order to show that within a liberal democratic culture, the institution of punishment ought to conform to the Moral Education Theory of Punishment, put forth by Jean Hampton. According to Hampton, punishment should facilitate a medium where the state educates the criminal on the moral implications of her wrongdoing. I argue that citizens would select the Moral Education Theory of Punishment in the Original Position, since it offers the best opportunity to redress (...) two calamities related to the criminal's wrongdoing---namely, that it threatens the moral status of the victim, and that it results from the wrongdoer's deficient moral sensibility. Upon consideration, the representatives in the Original Position recognize that redressing either of the two calamities necessitates redressing the other; thus, both objectives reinforce one another. Consequently, the representatives would unanimously select the principles of punishment manifest in the Moral Education Theory. (shrink)

Me propongo analizar críticamente la idea de abstinencia epistémica desarrollada por un importante grupo de teóricos liberales a partir de los años ochenta del siglo pasado. Para los propósitos del liberalismo político la propuesta de la abstinencia epistémica desempeña un papel crucial. Consiste en garantizar el consenso en torno a las reglas procesales y principios públicos de justicia, exigiendo que la pluralidad de intereses y concepciones sustantivas que coexisten en la sociedad se abstengan de realizar atribuciones de verdad sobre sus (...) propias concepciones morales cuando éstas son debatidas en la esfera pública. Mi argumento es que esta estrategia fracasa toda vez que la abstinencia epistémica no resiste la aplicación de sus propias cláusulas a sí misma. (shrink)

This paper takes up Adorno’s aesthetics as a dialectic between philosophy and art. In doing so, I argue that art provides a unique way of mediating between theory and practice, between concepts and experience, and between subjectivity and objectivity, because in art these relations are flexible and left open to interpretation, which allows a form of thinking that can point beyond itself. Adorno thus uses reflection on art as a corrective for philosophy and its tendency towards ideology.

In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...) against a plural background. On their view, justice is one fundamental value amongst a plurality of fundamental values. The purpose of my thesis is to establish that the pluralist conception of justice’s narrowness is theoretically significant and true. To establish its theoretical significance, I argue that proper attention to the ways in which different understandings of narrowness inform the work of contemporary egalitarians explains a considerable amount of disagreement between them concerning the content and scope of distributive justice. On the one hand, I’ll argue that if we understand justice’s narrowness in the manner Cohen and other pluralists do, i.e., understand a conception of justice to be a conception of a particular fundamental value, then both luck-egalitarianism and the claim that justice extends to the personal context are compelling. On the other hand, I’ll argue that if we understand justice’s narrowness in a contextual manner, i.e., understand justice to comprise one or more all-things-considered principles adopted for the institutional context, then both luck-egalitarianism and the claim that justice extends to the personal context prove implausible. To establish the truth of the pluralist conception of narrowness, I argue first, that the contextual understanding is only plausible if fairness should be understood procedurally instead of substantively; and second, that substantive fairness cannot be eliminated, as specifying the content of procedural fairness requires a substantive criterion. The upshot is that justice’s narrowness is best understood in terms of singularity against a plural background, rather than in terms of context specificity. (shrink)

The thesis contrasts two hostile and divergent intellectual paradigms in social sciences: rational choice and critical theory. Both rational choice and critical theory offer contrasting perspectives on the structures of social interaction. However, both critical theory and rational choice theory share overlapping concerns ie., both are preoccupied with determining what rational can mean in the realm of social and political interaction. In the case of rational choice paradigm, instrumental reason forms the cornerstone of the theoretical edifice. Ever since the publication (...) of Jurgen Habermas' The lhemy qf Communicative Action Vol. / and Vol. II instrumental reason has come under severe attack. His critique anchors on a theory of communicative reason. What makes Habermas' work distinctive is that he does not regard instrumental reason as the single inevitable concomitant of modernity. Habermas sees in modernity an alternative way of conceptualising social interaction in terms of communication rather than strategy. So in a way, his work is a challenge to the defenders of modernity aiming to build a unified social science Jurgen Habermas advances the notion of communicative reason as the centerpiece of a social theory as opposed to instrumental reason. By providing a systematic grounding of the concept of reason in human language, he hopes to establish normative basis of critical theory. This model of reaching agreement or consent constitutes a process of dialogue in which reasons are exchanged between participants. This process is perceived to be a joint search for consensus. Such a dialogic concept of collective choice would necessarily work not with fixed preferences to be amalgamated but with preferences that are altered or modified as competing reasons are advanced in the course of discussion. In rational discussion, the only thing supposed to count is the power of better argument. Both rational choice and critical theory conceptualise politics in different ways. Rational choice theories critique democratic mechanisms failing to generate general will. Consequently, the political prescriptions offered are limited government or market. On the contrary, the political implications of Habermas' theory of deliberative democracy is anchored in the notion of liberal public sphere envisaging a cognitivist, rationalist vision in which discourse forms a critical normative basis for evaluating the political and moral principles. (shrink)

En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...) logran justificar el distribuendum recursivista de bienes sociales primarios. En cambio, entiendo que tales consideraciones brindan apoyo a un estándar bienestarista. Ello se debe a que un estándar welfarista enfrenta exitosamente las dificultades que Rawls menciona para favorecer el estándar recursivista de bienes sociales primarios. In the present paper I argue that the specific arguments developed by John Rawls to justify the standard of social primary goods do not succeed. In the first place I develop and criticize the Rawlsian arguments grounded in antidiscriminatory intuitions and the fact of reasonable pluralism. I also characterize and criticize Rawls's ideas concerning the scope of the concept of fairness as well as his argument concerning extensive tastes and responsibility for ends. I believe that they do not justify a resourcist distribuendum. On the contrary, I argue that such considerations support a welfarist standard. The reason is that a welfarist standard successfully deals with the difficulties Rawls mentions in favoring the resourcist standard of social primary goods. (shrink)

This thesis inquires into our ‘human nature’ through an interdisciplinary approach that considers some of the radical changes in intellectual thought at those key points in Western culture in which this concept has been centrally deployed. The broad historical sweep that this study covers finds the preoccupation with defining who we are and what we are capable of inextricably linked with the focus, at most of the pivotal moments examined, on a dominant impulse to conceive human beings as moral creatures.

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...) Justice might offer a more coherent decision-making process. Restorative Justice is hypothesised to operate as a kind of mediation process between the philosophies of punishment and understandings of justice held by participants. Their voluntarily agreed outcome should therefore represent the best possible compromise between participants’ ideas of justice and philosophies of punishment. Analysis of existing empirical research has been undertaken, involving the examination of existing studies of Restorative Justice in Northern Ireland, England and Wales, Australia and New Zealand. This empirical research has explored problems which can arise in practice for the theoretical conception of Restorative Justice as a mediation process between ideas. The thesis concludes that Restorative Justice can in theory offer a more coherent process of sentencing, but that there are a number of obstacles to realising this in practice. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

The three integrated articles of this dissertation are concerned with the epistemic status of moral intuitions. The first article argues in favour of moderate moral intuitionism, the view that while any successful moral epistemology must be intuitionist to at least some extent, it must also take intuitions to be fallible. This is accomplished by synthesizing work by Robert Audi and George Bealer into a view of moral intuitions which is capable of overcoming some major contemporary objections against intuitionism, particularly from (...) Sharon Street and Peter Singer. The next article raises a more powerful objection to intuitionism, applying feminist ethics and moral epistemology to suggest that powerful social forces impair our ability to distinguish mistaken intuitions from reliable ones. This objection is addressed with an argument, based on work by Michele Moody-Adams and Cheshire Calhoun, to the effect that the possibility of moral knowledge and resultant responsibility allow us to retain the capacity for making this important distinction between intuitions. Nevertheless, as George Sher argues, there is still reason to think that the intuitions we rely on to shape and justify our moral beliefs contains important mistakes which negatively impact the reliability of our resulting moral judgements. This major problem, that of distinguishing helpful from harmful moral intuitions, is the topic of the third article. Henry Sidgwick attempted to develop a decision procedure for this purpose in The Methods of Ethics, positing four major criteria, the fulfilment of which would confer the highest possible level of certainty on an intuition. Sidgwick's four tests are evaluated primarily with reference to contemporary feminist scholarship, and though they constitute a promising start to a rigorous intuitionist moral epistemology, they are also wanting in a number of ways. The article improves the epistemic status of Sidgwick's tests with a hybrid Sidgwickian-feminist theory, reinterpreting his tests as values to be respected but which allow flexibility and even tension. While this approach may not be able to confer the same level of certainty as Sidgwick's, it is more respectful of the complexities and nuances of a more reliable moral epistemology. (shrink)

Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out only “blatant” (...) inconsistencies in an agent’s beliefs while permitting less blatant ones, and show that, while super-majoritarian deference often fails to ensure full consistency, it is a route to consistency in this weaker sense. (shrink)

My dissertation titled Two Models of Consensus is based on five arguments. 1. Consensus is asymmetrical. 2. Consensus is partial or limited unanimity. 3. Consensus and democracy do have a concomitant relation. 4. Consensus is not organic to political systems. 5. Consensus depends upon civil society, subsidiarity, and the dominant cultural paradigm of society. In the first chapter titled "Historical Specificity of the Western Conception of Civil Society" I argue that concept of civil society evolved under certain conditions in a (...) liberal democratic tradition such as shared social imaginaries. As an example of how diversity could lead to hypostatization of cultural differences, I exposit the concept of Indian caste system. In the second chapter, "Intersubjectivity and the Problem of Cultural Identities", I compare the ideas of Hans Georg Gadamer and George Herbert Mead about self- interested action and mutual cooperative action. Gadamer and Mead emphasize intersubjective communication, I Thou relationships. I explain the importance of the I Thou relationship for a consensual activity. The third chapter, "Consensus in the Realm of Science", discusses the impact of science as the context of justification in advanced liberal democracies and its effect on consensus. Charles Sanders Peirces attempt to apply his scientific method to arrive at a consensus in the social sphere is also discussed in this chapter. In the fourth chapter, "Kwasi Wiredu The Akan Conception of Communitarian Consensus", I discuss Kwasi Wiredus emphasis on achieving a consensus on the basis of what is and not what ought to be, in the social realm. Wiredu differentiates between a government by consent and a government by consensus. I elaborate Wiredu's abakysis of the process of consensus that was in vogue in the Akan community of Ghana. In the final chapter, "Political Consensus - Intra-cultural and Extra-cultural," I argue that consensus is asymmetrical. It is imperative to compromise in social, political, economic, and religious beliefs on the basis of weak deontological and weak consequential approaches. Consensus necessitates a synthesis of different kinds of social actions such as purposive-instrumental, traditional, value-laden, and communicative action into what I call the Cooperative Action. Only such an action can speak across cultures and facilitate genuine cross-cultural interaction. (shrink)