Este trabajo busca reconstruir la estructura del constitutivismo para facilitar su difusión en lengua española. Para lograrlo, parte de un análisis de la formulación del objetivo general de la estrategia constitutivista, para luego rastrear sus orígenes históricos en los problemas de las fuentes de la normatividad, el constructivismo y la normatividad de las razones, posteriormente se explica el movimiento simple constitutivista y se cierra el artículo presentando las tres tesis principales que sostiene toda estrategia constitutivista.

Critics allege that justice as mutual advantage excludes vulnerable people and is thus inadequate as a conception of justice. Building on Peter Vanderschraaf’s Strategic Justice, this paper considers three distinct vulnerability objections. After Sect. 1 clarifies the “vulnerable,” Sect. 2 discusses an objection according to which it is impossible for a mutual advantage view to protect the vulnerable. Answering this objection only requires a possibility proof, such as that Vanderschraaf provides. Section 3 discusses an objection according to which it is (...) merely contingent whether, not guaranteed that, a mutual advantage view protects the vulnerable. Mutual advantage theorists indeed cannot provide such guarantees, so they must argue that such guarantees are too much to demand from a conception of justice. Section 4 discusses an objection according to which it is improbable that a mutual advantage view will protect the vulnerable. Addressing this concern opens paths for future fruitful research, including considering the conditions that make including the vulnerable more or less likely as well as the conditions that facilitate cooperative ability or create vulnerability. Section 5 builds on the foregoing by emphasizing the diversity of vulnerabilities along with the broader social contract tradition’s diversity of strategies for addressing vulnerability. (shrink)

Liberal democracy has been experiencing a crisis of representation over the last decade, as a disconnect has emerged from some of the foundational principles of liberalism such as personal freedom and equality. In this article, I argue that in the third part of Kant’s Religion within the Boundaries of Mere Reason we can find resources to better understand and counteract this crisis of liberal democracy. Kant gives a powerful argument to include an invisible ethical community under a political community, and (...) this ethical community has to take the form of a church. Kant argues then that any political system, and so also liberal democracy, requires religion to ally citizens in a foundational way with the general principles of that system. This would commit liberal nations to having their foundational principles buoyed by religion. Towards the close of the essay, I attend to how this might impact on liberalism’s commitment to religious and ideological pluralism. (shrink)

RESUMEN En la ética y la filosofía política contemporáneas es común apelar a alguna forma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición "contractualismo" y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo "el dilema (...) contractualista": cuando hay una situación de desacuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del "dilema contractualista", el contractualismo no debe ser entendido como un método de justificación normativa. ABSTRACT It is common practice in contemporary ethics and political philosophy to appeal to some sort of hypothetical consensus to justify normative contents. In this article, I call that position "contractualism" and argue for three thesis in that respect. First, the common objection to contractualism is correct, namely, that stipulating a hypothetical consensus in an ideal situation of deliberation adds nothing to the justification of the normative content at stake. Secondly, this objection gives rise to what I have called "the contractualist dilemma": in a situation of disagreement between two agents over whether a normative content x is correct, resorting to a hypothetical agreement in ideal deliberation conditions as a means to justify x amounts to falling into petitio principii or to establishing a triviality. Third, in view of "the contractualist dilemma", contractualism should not be understood as a method of normative justification. (shrink)

En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

Various political realists claim the superior ‘action-guiding’ qualities of their way of approaching normative political theory, as compared to ‘liberal moralism’. This paper subjects that claim to critique. I first clarify the general idea of action-guidance, and identify two types of guidance that a political theory might try to offer – ‘prescriptive action-guidance’ and ‘orienting action-guidance’ – together with the conditions that must be met before we can understand such guidance as having been successfully offered. I then go on to (...) argue that if we take realist understandings of political psychology seriously, then realist attempts to offer action-guidance appear to fail by realism’s own lights. I demonstrate this by means of engagement with a variety of different realist theorists. (shrink)

This article criticizes Laura Valentini's criterion for distinguishing good and bad idealizations in normative political theory. I argue that, on an attentive reading of her criterion, all ideal theories she discusses must be written off as incorporating bad idealizations. This fact makes Valentini's criterion trivially implausible, for it is argued that there are good idealizations that succeed in promoting the action-guiding goal of ideal theory. Upon rejecting an attempt to salvage the idealizations that Valentini marks off as bad, I develop (...) an alternative criterion for demarcating good and bad idealizations. The criterion holds that the standing of a theory's idealized assumptions depends on whether the stipulated idealizations can be feasibly realized in the non-ideal world, and thus on whether the principles that the theory generates can be made relevant for real-world practice. I also claim that the feasibility criterion better reflects the function of idealization in promoting action-guidance. Unlike Valentini's criterion, the feasibility criterion yields the result that Rawls' theories of domestic and international justice both incorporate bad idealizations. (shrink)

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...) entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

This symposium contribution discusses the conception of ethical objectivity found in the metaethical views of Hilary Putnam's book Ethics without Ontology.

Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that neither utilitarianism nor (...) Kantianism assign a similar significance to our capacity for perspective-taking. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

One can think of the traditional logic of blame as involving three intuitively plausible claims: (1) blame is justified only if one is deserving of blame, (2) one is deserving of blame only if one is relevantly in control of the relevant causal antecedents, and (3) one is relevantly in control only if one has libertarian freedom. While traditional compatibilism has focused on rejecting either or both of the latter two claims, an increasingly common strategy is to deny the link (...) between blame and desert expressed in (1). While I think there is something right about many of these accounts of blame, I deny that the logic of blame can be divorced from the logic of desert. On my view, blame does have a conceptual connection to desert, but its justification is practical rather than theoretical, as the libertarian condition is a matter of adopting a stance towards a person rather than having a belief about her and the “true” causes of her action. I argue that blame fundamentally requires interacting with a person from the participant perspective and that the participant perspective, understood in terms of second-personal address, involves an ontological commitment to freedom. (shrink)

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve (...) at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity. (shrink)

Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume,...

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

This review essay on John Rawls’s The Law of Peoples focuses on two of its more contentious claims. The first is that international economic justice is secured by a principle of assistance and that a principle of distributive justice will in fact have “unacceptable” results. The other is that certain non-liberal societies, or peoples, fall within the limits of international toleration. The essay evaluates and critiques these claims from a liberal cosmopolitan perspective.

In Political Liberalism, J. Rawls describes a meta-ethical procedure — political constructivism — whereby political theorists formulate political principles by assembling and reworking ideas from the public political culture. To many of his moral realist and moral constructivist critics, Rawls's procedure is simply a recent version of the “popular moral philosophy” that Kant excoriates in the Groundwork for the Metaphysics of Morals. I defend the idea of political constructivism on philosophical and political grounds. I argue that political constructivism is the (...) best available methodology for self-legislating, socially embedded and fallible human beings; then I show that political constructivism may produce principles that could garner the principled assent of Euro-American Muslims such as Taha Jabir Al-Alwani. The article considers how political constructivism might be employed to formulate new political principles for Euro-American societies experiencing and confronting the Islamic revival. [R]. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

. This paper questions nearly every major point Christina Lafont makes about “the validity of social norms” and their relation to moral realism and Kantian constructivism. I distinguish realisms from theories of objective or subjective knowledge, then from cognitivism. Next, I distinguish Kant and constructivism from Rawls' political constructivism. Finally, I propose clues for an alternative theory of moral constructivism.

This review article is a discussion of Charles Larmore's book The Autonomy of Morality. After presenting an outline of Larmore's position, it focuses on three critical issues: whether Larmore is right to see Kant as an anti-realist; whether he deals adequately with the threat to autonomy posed by the apparent obligatoriness of morality; and whether he establishes that the constructivist idea of practical reason as self-legislating must really be as unconstrained and empty as he suggests.

In this article I seek to explain Hegel’s significance to contemporary meta-ethics, in particular to Kantian constructivism. I argue that in the master–slave dialectic in the Phenomenology of Spirit, Hegel shows that self-consciousness and intersubjectivity arise at the same time. This point, I argue, shows that there is no problem with taking other people’s reasons to motivate us since reflection on our aims is necessarily also reflection on the needs of those around us. I further explore Hegel’s contribution to the (...) debate about internal and external reasons. I end by arguing that we should understand reasons as historically constructed in the sense that who counts as an intrinsic bearer of value changes over time. I thus argue that the struggle for recognition is in fact the beginning of the long march toward the idea of recognition and the Kantian kingdom of ends. This march, however, is driven by the need to overcome injustice as it is instantiated at the beginning of history by the master’s absolute domination of the slave. (shrink)

Hegel’s account of rational willing has recently been misrepresented by both critics and supporters who argue that the content of willing is externally received from history, social context, practices of recognition, etc. This contradicts the conceptual structure of Hegel’s notion of rational action as free individuality, according to which the difference between the willing subject and the content of willing is an internal relation of identity. Since this ‘difference within identity’ can only be grasped by speculative thinking and not through (...) understanding and reflection, the interpreters can be charged with employing the wrong method. Although reliance on the speculative method opens Hegel to the charge of unintelligibility, it helps explain the frequent misrepresentations of his account of freedom and why methodologically uninformed comparisons between Hegel and other thinkers run the risk of being counterproductive. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be fully (...) capable of social cooperation, the parties will choose a social minimum that is as high and comprehensive as is compatible with the difference principle. This will ensure that the disabled have an adequate income. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

This essay argues that many modern discussions of Locke's political theory are unconsciously shaped by an imaginative picture of the world inherited from the past, on which authority and freedom are fundamentally antipathetic. The consequences of this picture may be seen in the distinction made customarily in Locke studies between the 'authoritarian' Locke of Two Tracts on Government, for whom authority descends from God, and the later, 'liberal,' Locke, for whom authority arises from the will and agreement of individuals, and (...) felt in the emphases placed on consent and resistance in most interpretations of Lockean political thought. The essay examines the composition and contours of this picture and, by holding up a mirror to contemporary Locke scholarship, draws attention to some of the ways in which it unwittingly distorts Locke's thinking. (shrink)

In this article, I argue,inter alia, that Kelsen’s mature view—as expressed in, and around the time of, the second edition ofReine Rechtslehre—was that of a metaethical relativist, and that the commitment to metaethical relativism was the reason why Kelsen defended democracy as well as tolerance in the shape of a constitutionally guaranteed freedom of thought. I also consider the possibility that in his post‐1960 phase Kelsen abandoned metaethical relativism for moral fictionalism, but argue that, on the whole, a relativist interpretation (...) of Kelsen’s late legal philosophy is to be preferred to a fictionalist interpretation. (shrink)

The reception so far of Kitcher's Vaulting Ambition reminds me of the old saw about the difference between an optimist and a pessimist. Looking at the same glass of water, the former sees it as half full while the latter sees it as half empty. Some have seen Kitcher's book as a vindication of the possibility of an evolutionary science of human behavior; others have seen it as a devastating critique of the most influential efforts to date to construct such (...) a science. As in the joke about the water glass, both assessments have their point. Sociobiology is a research program, not a unified theory. What one can do is test particular hypotheses within this program and see whether they live up to reasonable standards of rigor and evidence. This is what Kitcher does, with great energy and care. (shrink)

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

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (shrink)

Political philosophy systematically explores the implications of our fundamental moral commitments in order to identify moral principles. These principles provide criteria for the evaluation of the...

Summary Liberals, from Mill to Rawls see personal autonomy as paramount in civil society. They see human dignity to consist essentially in personal autonomy, that is, ?in the ability of each person to determine for himself or herself a view of the good life? (Taylor, C. (1992) p. 27). Multiculturalism and ?The Politics of Recognition? p. 57 (Princeton, Princeton University Press). This emphasis on personal autonomy underlies much of liberal emphasis on freedom of conscience, justice, rights and fairness. Its core (...) thesis is that a just society seeks not to promote any particular view of the good life, but enables its citizens to pursue their own ends consistent with a similar liberty for all others. Yet, when some citizens in America attempted to pursue their own view of the good life, they came up against head?on conflict with the liberal state. These groups saw civic education with its emphasis on individual choice, on reflecting and weighing of alternative viewpoints and on personal autonomy, as threatening to their way of life and to their fundamental religious beliefs, and consequently they challenged the state in the courts. What ensued raised profound educational problems for educating children, parental rights, and the right of the State in a liberal democratic society, which are discussed in this paper. (shrink)

While liberals see personal autonomy as paramount in civil society and as intrinsic to human dignity and human rights, others, such as communitarians, see group rights as intrinsic to human development and human welfare. Thus, while generally liberals give no or very little place in their thinking to right-bearing groups or collective entities, others see communities as conditions for self-fulfilment and individual freedom. This paper explores these two positions and argues that a cultural, pluralist, democratic society will be characterised by (...) a diversity of controversial moral positions at a range of levels. The paper offers discussion as a method of reconciling controversial moral positions, in general and in classrooms, in particular. (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)