The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...) values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

Many normative theorists want to contribute to making the world a better place. In recent years, it has been suggested that to realise this ambition one must start with an adequate description of real-life practices. To determine what should be done, however, one must also fundamentally criticise existing moral beliefs. The method of reflective equilibrium offers a way of doing both. Yet, its practical usefulness has been doubted and it has been largely ignored in the recent practical turn of normative (...) theorising. This paper offers a complementary methodology to the method of reflective equilibrium, referred to as Rawlsian constructivism, which brings forth its practical merits. With the support of Rawlsian constructivism, the method of reflective equilibrium becomes a tool for public reasoning about practical problems which aims to facilitate shared solutions. The process of reflective scrutiny is used, not in the search of moral truth, but rather to highlight what stands in the way of solutions to problems agents face in different domains of social life. The practical value lies in scrutinising reasons for action that are taken for granted, explicating new rationales for action and highlighting neglected points of agreement. The paper exemplifies this approach with a process of justifying individual obligations to combat climate change. Normative theorists who share the practical agenda have correctly noted the importance of bottom-up investigations of subject domains. This paper argues that the next step should be to utilise this version of the method of reflective equilibrium to explore the potential for morally progressive solutions to these problems. (shrink)

Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...) sa théorie, et laissant à peu prés intacts sa structure et son contenu, Rawls a successivement élaboré une conception de la personne et de la société, développé une méthodologie contextualiste et constructiviste, limité considérablement la portée de sa théorie et finalement, pour encadrer le tout, proposé une interprétation politique de la «justice en tant qu'équité». Ces changements, que d'aucuns ont perçus comme un recul ou comme un important virage, n'ont pas toujours été, selon Rawls, bien compris. Dans son dernier ouvrage,Political Liberalism, qui, est-il besoin de le dire? était depuis longtemps attendu, Rawls rassemble et raffine ses nouvelles idées, les présente de façon systématique et, somme toute, convaincante. (shrink)

Are our actions morally good because we approve of them or are they good independently of our approval? Are we projecting moral values onto the world or do we detect values that are already there? For many these questions don’t state a real alternative but a secular variant of the Euthyphro dilemma: If our actions are good because we approve of them moral goodness appears to be arbitrary. If they are good independently of our approval, it is unclear how we (...) come to know their moral quality and how moral knowledge can be motivating. None of these options seems attractive; the source of moral goodness unclear. Despite the growing literature on Kant’s moral epistemology and moral epistemology the question remains open what Kant’s answer to this apparent dilemma is. The Kantian view I attempt to lay out in this paper is supposed to dissolve the secular version of the Euthyphro dilemma. In responding to this dilemma we need to get clear about the source or the origin of our moral knowledge: Voluntary approval or mind-independent moral facts? Projectivism or detectivism? Construction or given? I believe that all these ways of articulating the problem turn out, on closer inspection, to be false alternatives. (shrink)

David Estlund holds that ultimate normative principles are insensitive to bad facts. This is a deliberately twisted appropriation of Jerry Cohen’s famous dictum that ultimate normative principles are fact-insensitive. In this paper, I will show why Estlund’s twist misses the point of Cohen’s argument. The fact-insensitivity claim is not a requirement to eliminate all facts from our normative theories because facts necessarily make these theories concessive. Instead, it may help us to locate the true origin of these concessions. In normative (...) theorizing, we have not explained why a fact supports a principle if we fail to articulate the higher-order principle in light of which that fact is normatively significant. (shrink)

For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental (...) violation of the rule of law. This legal status can be understood in Kant's sense as an original "right to freedom," one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the "cosmopolitan constitutions" of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances. (shrink)

This paper proposes to test the ethical acceptability of four styles of agricultural resource management: (1) contemporary industrial integrated systems agriculture, (2) modern industrial input dependent agriculture, (3) continuous traditional agriculture and (4) non-continuous (or swidden) traditional agriculture. The test of ethical acceptability is whether or not these styles of agricultural resource management embrace or are even compatible with that pattern of practical reasoning and interaction among ethical agents which we have independent theoretic grounds for preferring. The preferred sorts of (...) practical reasoning and interaction are those which we find operating in ethical theories which are strongly committed to letting the discretion of ethical agents construct what is right for them to do. Thus the discussion distinguishes several different strengths of constructivist ethics relating them to the work of John Rawls, Immanuel Kant and Onora O'Neill. Then it argues for the theoretic preferability of one particular strength of constructivist ethic. The paper winds up by arguing that only traditional continuous agriculture embodies the preferred sort of practical reasoning and interaction among ethical agents. Further, I argue that this is the only style of agriculture which can embody such reasoning and patterns of interaction. Thus, as we consider the role of agriculture in our plans of international development, we have one reason to try to favor traditional continuous agriculture. To do otherwise would ignore the ethical superiority of the practical reasoning and patterns of interaction of traditional agriculturalists. (shrink)

In this paper, I argue for two claims. The first is that all social and political thinking lies along a continuum and that the structure of each thought along the continuum is that of a basic desire for self-determination. Self-determination, I argued, occurs in a variety of ways including, importantly, at a variety of levels of intention. On the one hand, there are the relatively unreflective ways of understanding oneself as autonomous. I attributed this way of thinking of the Neo-Aristotelian (...) conception of practical reason which is characteristic of conservatism. On the other side of the continuum, there is a rigoristic version of Kantian moral philosophy in which, to be autonomous, one must act exclusively from duty or from purely economic motivation. The second claims is that populism can be understood as a clash between different practical conceptions of autonomy which are brought into conflict as a result of the process of modern rationalization. This clash can, I argued, be clarified and also alleviated by appreciating that what the values which stand opposed in the “us vs. them” of populism and liberalism are based on a fundamentally similar conception of the value of autonomy but have come into conflict by sometime contingent historical processes which can be undone or steered in a different direction. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

This article develops a liberal theory of the virtues in business. I first articulate two key liberal values embodied within market society: self-authorship and mutual benefit. Self-authorship is a mode of autonomy given expression through the effective exercise of economic liberties. Mutual benefit involves the intentional pursuit of the well-being of one’s transaction partners within economic exchange. These values are uniquely realized, I argue, within business, conceptualized as a distinct, firm-level, social practice. More specifically, individuals realize self-authorship by purposively integrating (...) cospecialized resources, forms of knowledge, and business functions to facilitate mutually beneficial transactions. Through their commitment to mutual benefit, businesspersons establish ongoing, cooperative relationships with customers, members of other firms, and various stakeholders more generally. These relationships are constitutive of a distinct liberal notion of the common good. The practice of business and the common good in a market society are sustained by a range of individual-level virtues. I recount these virtues and, before concluding, discuss several other theoretical implications of this account. (shrink)

Max Horkheimer does not generally receive the scholarly attention given to other ‘Frankfurt School’ figures. This is in part because his early work seems contradictory, or unphilosophical. For example, Horkheimer seems, at various points (to use contemporary metaethical terms), like a constructivist, a moral realist, or a moral skeptic, and it is not clear how these views cohere. The goal of this article is to show that the contradictions regarding moral theory exist largely on the surface, and that one can (...) go below the surface to reconstruct a coherent position. Part I will examine Horkheimer’s skeptical critique of morality, and show that it leads to the realist position discussed in part II. Part III then shows that such realism can only be understood within a larger constructivist project, which elaborates on a minimal normativity present in human experience. This reconstruction should make sense of Horkheimer’s work, and show its contemporary relevance. (shrink)

This essay tackles head on the argument that sees an inherent paradox in the autonomy of the will as the ground for the authority of the fundamental practical norms. It points out that only on reductive understandings of the autonomy of the will can this idea be qualified as paradoxical, thereby yielding outcomes that either contradict their premises or present autonomy under a false guise. With that done, it will proceed to offer a conception of the autonomy of the will (...) which is not vulnerable to the paradox, and which may therefore be equipped to rest the fundamental practical norms on solid ground. Throughout this discussion, I will rely on constitutivism about practical reasons to specifically defend the twofold conclusion that (a) the paradox of autonomy can be avoided and that, relatedly, (b) if autonomy is properly conceptualised, it is fully equipped and well positioned to ground the authority of the fundamental practical norms. (shrink)

Neste artigo, a autora aborda a questão da possibilidade de uma teoria da justiça social que seja compatível com a totalidade do sistema kantiano, examinando diversas posições acerca dessa problemática, seguindo-se a essa parte a exposição de sua própria posição no tocante a essa questão.

We seek to establish a dialogue between democratic and Islamic normative political theories. To that aim, we show that the conception of democracy underlying a prominent Islamic political model is procedural. We distinguish proceduralism from a liberal conception of democracy. Then, we explain how bringing together Islamic political theory and democracy alters the meaning of the latter. In other words, we show that democracy within Islam often means democracy within Islamic limits.

The literature on conscientious objection in medicine presents two key problems that remain unresolved: Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections? How does one respect both medical practitioners’ claims of conscience and patients’ interests, without leaving practitioners complicit in perceived or actual wrongdoing? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing (...) medical professionals’ conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: an “Uber Conscientious Objection in Medicine Committee” —which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population—should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; medical practitioners should advertise their conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners. (shrink)

We investigate the cross-cultural relationships between spirituality and ethical decision-making in Norway and the U.S. Data were collected from business students ( n = 149) at state universities in Norway and the U.S. Results indicate that intention to behave ethically was significantly related to spirituality, national culture, and the influence of peers. Americans were significantly less ethical than Norwegians based on the three dimensions of ethics, yet more spiritual overall. Interestingly, the more spiritual were Norwegians, the more ethical was their (...) decision-making. By contrast, the more spiritual were Americans, the less ethical was their decision-making. The research also found that peer influences were more important to Norwegians than to Americans in making ethical decisions. Finally, spiritual people from the U.S. were more likely to use a universalistic form of justice ethics, as opposed to a more particularistic form of justice ethics used by Norwegians. (shrink)

In this comparative survey of 191 Egyptian and 92 U.S. executives, we explore the relationship between national culture and ethical decision-making within the context of business. Using Reidenbach and Robin’s (1988) multi-criteria ethics instrument, we examine how differences on two of Hofstede’s national culture dimensions, individualism/collectivism, and power distance, are related to the manner in which business practitioners make ethical decisions. Egypt and the U.S. provide an interesting comparison because of the extreme differences in their economies and related business development. (...) Our results indicate that respondents from the U.S, individualistic and low in power distance, were likely to view the decision making outcome in ethics scenarios as more unethical than the more collectivistic and high power distance Egyptians, when applying ethical criteria based on justice, utilitarianism, relativism, and (contrary to our predictions) egoism. However, we also found that both Egyptians and Americans rely on justice, utilitarianism, and relativism in predicting their intentions to behave ethically, and that Americans substitute egoism for justice, when the behavioral intentions of peers are examined. (shrink)

In this paper, I offer an immanent critique of John Rawls’s theory of justice which seeks to show that Rawls’s understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel’s observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls’s assurances to the contrary. But while Sandel argues for even more (...) substantive metaphysical and epistemological commitments, I argue in the opposite direction. Following J. G. Fichte, I argue for a normative theory of society, not based on some particular notion of the good or on some contentious account of what all reasonable persons would agree to, but based only on the radical primacy of the practical, that is, based only on the seemingly empty premise that free beings - precisely because they are free - cannot be imagined in advance as all agreeing to any particular thing at all. (shrink)

In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the “right to healthcare”. It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the “right to privacy”, particularly in (...) the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianismdoesin (...) fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianismcouldcondone such deprivations or sacrifices in somepossibleworld—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but intheory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

Though modern non-cognitivists in ethics characteristically believe that values are irreducible to facts, they nevertheless believe that values are determined by facts, viz., those specified in functionalist, explanatory theories of the evolutionary origin of morality. The present paper probes the consistency of this position. The conventionalist theories of Hume and Harman are examined, and are seen not to establish a tight determinative reduction of values to facts. This result is illustrated by reference to recent theories of the sociobiological mechanisms involved (...) in moral evolution. Though explanatory theories have linguistic implications,exaggerated in Harman's linguistic form of social relativism, there is also failure to establish the semantic reductionism which non-cognitivists reject under the rubric of ethical naturalism. It is concluded that explanatory forms of naturalism, the best of which is a functionalist-utilitarian account, are compatible with the fact/value distinction. (shrink)

The British National Health Service (BNHS) was founded, to quote Minister of Health Aneurin Bevan, to ‘universalise the best’. Over time, however, financial constraints forced the BNHS to turn to incrementalist budgeting, to rationalise care and to ask its practitioners to act as gatekeepers. Seeking a way to ration scarce tertiary care resources, BNHS gatekeepers began to use chronological age as a rationing criterion. Age-rationing became the ‘done thing’ without explicit policy directives and in a manner largely invisible to patients, (...) to Parliament, and to the public. The invisibility of the practice, however, violates the publicity principle that John Rawls and other philosophers believe essential to fairness. BNHS invisible age-rationing practices are thus a test case of the principle that fairness presupposes publicity; they raise the question: is it possible to preserve equitability in a system that uses non-public criteria to allocate scarce resources? To seek an answer, published data on access to end-stage renal disease (ESRD) treatment in Britain and the European Community (EC) are analysed. Among the findings are: that BNHS age-rationing acts as an excuse for denying care to those most likely to need ESRD treatment; and is, moreover, arbitrary and inequitable. It is further argued that no age-rationing policy can sustain visibility, and that, if the BNHS is to be fair to its patients, it must reform its present age-rationing practices, replacing them by a publicly visible, outcome-based rationing policy that rations either in terms of QALYs or triage categories. (shrink)

This article argues that immoralists do not fully enjoy autonomous agency because they are not capable of engaging in the proper form of practical reflection, which requires relating to others as having equal standing. An adequate diagnosis of the immoralist’s failure of agential authority requires a relational account of reflexivity and autonomy. This account has the distinctive merit of identifying the cost of disregarding moral obligations and of showing how immoralists may become susceptible to practical reason. The compelling quality of (...) reason should not be represented as the capacity to force them to abide by morality on pain of incoherence. Rather, its authority (and objectivity) is shown when it presents them with the prospect of a transition that makes sense for them to undertake. (shrink)

G. A. Cohen and J. Raz object that Constructivism is incoherent because it crucially deploys unconstructed elements in the structure of justification. This paper offers a response on behalf of constructivism, by reassessing the role of such unconstructed elements. First, it argues that a shared conception of rational agency works as a starting point for the justification, but it does not play a foundational role. Second, it accounts for the unconstructed norms that constrains the activity of construction as constitutive norms. (...) Finally, on this basis, it draws a contrast between constructivist and foundational methods of ethics, such as deontology and teleology. (shrink)

Some philosophers object that Kant's respect cannot express mutual recognition because it is an attitude owed to persons in virtue of an abstract notion of autonomy and invite us to integrate the vocabulary of respect with other persons-concepts or to replace it with a social conception of recognition. This paper argues for a dialogical interpretation of respect as the key-mode of recognition of membership in the moral community. This interpretation highlights the relational and practical nature of respect, and accounts for (...) its governing role over other persons-regarding concepts. (shrink)

Gaslighting is a form of domination which builds upon multiple and mutually reinforcing strategies that induce rational acquiescence. Such abusive strategies progressively insulate the victims and inflict a loss in self-respect, with powerful alienating effects. In arguing for these claims, I reject the views that gaslighting is an epistemic or structural wrong, or a moral wrong of instrumentalization. In contrast, I refocus on personal addresses that use, affect, and distort the very practice of rational justification. Further, I argue that the (...) social dimension of gaslighting cannot be fully explained by reference to bare social structures because this compound wrong succeeds via emotional person-to-person addresses. Rational justification becomes, then, the locus where the struggle for power takes place. This struggle involves and is operated by not only victims and wrongdoers but also third parties. They are crucial actors in wrongdoing as well as in rescuing the victims and restoring their normative status. Ultimately, this study shows that the deontic structure of wrong is multifocal, and its relationality points to modes of epistemic and moral rehabilitation that are also modes of social empowerment. (shrink)

Some moral claims strike us as objective. It is often argued that this shows morality to be objective. Moral experience – broadly construed – is invoked as the strongest argument for moral realism, the thesis that there are moral facts or properties.See e.g. Jonathan Dancy, “Two conceptions of Moral Realism,” Proceedings of the Aristotelian Society 60 : 167–187. Realists, however, cannot appropriate the argument from moral experience. In fact, constructivists argue that to validate the ways we experience the objectivity of (...) moral claims, realism must be rejected.Christine M. Korsgaard, The Sources of Normativity . There is a general agreement that ethical theory bears the burden of proof of explaining the objective-seeming features of our moral experience.While disputing objectivity, antirealists commit themselves to account for the objectivist pretensions of moral claims. Anti-realists agree with the traditional view that moral experie .. (shrink)

According to the standard objection, Kantian constructivism implicitly commits to value realism or fails to warrant objective validity of normative propositions. This paper argues that this objection gains some force from the special case of moral obligations. The case largely rests on the assumption that the moral domain is an eminent domain of special objects. But for constructivism there is no moral domain of objects prior to and independently of reasoning. The argument attempts to make some progress in the debate (...) by defending a robust conception of construction, which names a distinctive view of practical reasoning as transformative. (shrink)

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...) and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress. (shrink)

Humean constructivists object to Kantian constructivism that by endorsing the constitutivist strategy, which grounds moral obligations in rational agency, this position discounts the impact of cont...

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals' conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx's declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from man...,"i liberal society has been frequently criticized for (...) falling seriously short of the conditions of a good society.ii A prominent recent criticism of this sort has been voiced by "communitarians," who charge that the primacy of rights in liberalism reveals a failure to appreciate the value of friendship and community, and tends to undermine their possibility.iii My aim in this paper is to defend liberal political theory, understood as the theory that justifies a polity of individual rights and justice, against this charge.iv My main argument will be directed at the assumption that there is an inherent tension between rights and justice on the one hand, and familial love and friendship on the other. According to the communitarian, two or more individuals constitute a community when they share a common conception of the good, and see this good as partly constitutive of their identities or selves.v Such "constitutive community," in Michael Sandel's words, may be a close friendship or family relationship, or an intermediate association such as a neighborhood organization, or a comprehensive political community. The communitarian charges that in making justice the first virtue of social institutions, liberalism undermines community at all levels, and this for two reasons. First, liberalism demands that we revise or surrender our conceptions of the good - including our attachments and commitments to family and friends - if they should turn out to be unjust. But this demand, the communitarian claims, requires attitudes 2 that are inconsistent with these attachments and commitments.. (shrink)

This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...) demonstrating that the conceptions of justification available in political liberalism, i.e. political constructivism, wide reflective equilibrium and a wide view of public reasoning with its ideas of declaration and conjecture, can justify the political conception of justice for reasonable individuals living in any society, including post-Islamist ones. Focusing on Rawls’ notions of stability in part III, I argue that the idea of overlapping consensus should not be considered as the only account of stability offered by political liberalism. Put another way, notwithstanding the strong reading of political liberalism in real western and post-Islamist democracies, liberal stability is always a mixture of overlapping consensus and modus vivendi. (shrink)