Settling the debate over conscientious refusal (CR) in liberal democracies requires us to develop a conception of the healthcare provider’s moral role. Because CR claims and resulting policy changes take place in specific sociopolitical contexts with unique histories and diverse polities, the _method_ we use for deriving the healthcare norms should itself be a democratic, context-dependent inquiry. To this end, I begin by describing some prerequisites—which I call _publicity conditions_—for any democratic account of healthcare norms that conflict or jibe with (...) CR. Next, drawing on Ronald Dworkin’s jurisprudence and Tom Beauchamp & James Childress’s approach to bioethical reasoning, I briefly introduce one method for generating healthcare norms that is faithful to the publicity conditions and has potential to constructively, and democratically, derive important boundaries for CR. Finally, I argue that many critics of CR fail to similarly ground their accounts of healthcare norms in healthcare professionals’ sociopolitical contexts, often relying instead on their own interpretation of a generally stateable healthcare norm. This leads to their misconstruing both the value judgments on which their own approaches rest and the public, political values that are often invoked in favor of CR. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

There is an increasing call for preventive state interventions in so-called families at risk—that is, interventions before any overt harm has been done by parents to their children or by the children to a third party, in families that are statistically known to be liable to harm children. One of the basic principles of liberal morality, however, is the citizen’s right to be free from state intervention so long as no demonstrable harm has been done. On the other hand, Joel (...) Feinberg interprets the harm principle as a harm prevention principle, so that the risk of harm also might be a reason for interference. The question that needs to be asked, therefore, is whether enforced preventive intervention in the cases where families are judged to be at risk can be justified within the limits of liberalism. (shrink)

Theories of happiness usually consider happiness as something that matters to us from a first-person perspective. In this paper, I defend a conception of public happiness that is distinct from private or first-person happiness. Public happiness is presented as a feature of the system of right that defines the political relationship between citizens, as opposed to their personal mental states, desires or well-being. I begin by outlining the main features of public happiness as an Enlightenment ideal. Next, I relate the (...) distinction between the political and the personal to the distinction between having normative reasons for a particular political arrangement and merely having a ‘pro-attitude’ towards a state of affairs that accords with one's preferred definition of happiness. Following this, I demonstrate why well-being, understood as a normative rather than a purely descriptive conception of personal happiness, nevertheless cannot serve as a normative reason in the political domain. In the final section, I show why normative reason-giving matters for the relationship between citizens, and how such reason-giving relates to public happiness. (shrink)

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

Many political theorists today appeal to, or assume the existence of, a political culture in which the public values of Western liberal democracies are embedded – a political culture that is necessary to render their ideas plausible and their proposals feasible. This article contrasts this approach with the more ambitious arguments advanced by Jürgen Habermas in his original account of discourse ethics – a moral theory to which, he supposed, all human beings were demonstrably and ineluctably bound by the communicative (...) constitution of collective life. Although these arguments have been largely discredited, I argue that Habermas’ analysis can be enlisted in defence of a weaker claim: namely, that principled commitment to discussion is not always necessary for genuine deliberative engagement to occur. As a result, there may be hope for democratic deliberation in contexts where a liberal democratic political culture is lacking. (shrink)

Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using (...) William A. Edmundson's Three Anarchical Fallacies as a foil, this idea is spelled out; it is shown why considerations based on the harm principle, consent, and the fact of pluralism do not immediately defeat it, but several problems with Edmundson's account are examined to point out where the idea could be further developed. (shrink)

In this paper, I aim to reconsider MacIntyre’s notion of an educated public. In particular, I aim to do so in light of his recent elucidation of the role of philosophical education in rejecting, or at least challenging, predominant and shared cultural assumptions. I begin by outlining MacIntyre’s original case for an educated public as found in The Idea of an Educated Public. I then briefly consider and respond to three prominent criticisms of MacIntyre’s original explication of the notion. In (...) responding to these criticisms, it will be made clear that subtle shifts in MacIntyre’s subsequent treatments of the notion reduces the dependency of such a public’s existence on the university. I conclude by arguing that the development in MacIntyre’s articulation of the necessary conditions for an educated public when considered in conjunction with his recent defence of the conditions for an ‘adequate philosophical education’ provides his philosophy of education with the conceptual resources needed to break free of a final difficulty which MacIntyre himself has articulated. Specifically, I contend that the four stages of an adequate philosophical education MacIntyre outlines are such that they need not be restricted to implementation in formal educational institutions such as the university. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional essentials and non-essentials, (...) and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (shrink)

This paper uses the exploration of the grounds of a common criticism of luck egalitarianism to try and make an argument about both the proper subject of theorizing about justice and how to approach that subject. It draws a distinction between what it calls basic structure views and a priori baseline views, where the former take the institutional aspects of political prescriptions seriously and the latter do not. It argues that objections to luck egalitarianism on the grounds of its harshness (...) can in part be explained by this blindness to relevant features of institutions. Further, it may be that luck egalitarianism cannot regard its own enactment as just. A related objection to Ronald Dworkin's equality of resources, which claims that it cannot pick a particular institutional background to set the costs of resources and so is radically indeterminate, is also presented. These results, I argue, give us good reason to reject all a priori baseline views. (shrink)

Recent scholarship has considered the requirements of justice and economic regimes in the work of John Rawls. This work has not delved into the requirements of justice and liberal socialism as deeply as the work that has been done on property-owning democracy. A thorough treatment of liberal socialism and the requirements of justice is needed. This paper seeks to begin to fill this gap. In particular, it needs to be shown if liberal socialism fully answers the requirements of justice better (...) than property-owning democracy. It will be argued that liberal socialism does significantly better in realizing the two principles. This paper has the following structure, first, an overview of Rawls' position on economic regimes, capitalism, and the requirements of justice will be presented. In particular, how the two principles work in tandem to meet the demands of distributive justice will be considered. Second, a review of property-owning democracy will be conducted. Finally, liberal socialism will be examined and discussed as an economic regime that answers the requirements of justice more fully. (shrink)

This paper is a philosophically informed contribution to debate about the values that might inform and be communicated by a further education. It includes a historical review of the concern of colleges of further education with economic and personal development that was reflected in the distinction between vocational and liberal studies. This distinction is seen to arise out of a mistaken epistemology which attempts to distinguish once and for all as it were, objective facts from subjective values. As instrumentalism came (...) to dominate the further education sector, the idea of liberal studies became obsolete and the sector might now appear to some commentators to be little concerned with values other than those of a monetary kind. The paper is focused on a traditional conception of further education colleges as places where people learn practices such as plumbing, joinery and hairdressing. It is argued that the distinction between academic and vocational practices is not based on the logic of the practices, but on the primary purpose of the person who is making the distinction. Practices such as plumbing, joinery and hairdressing are value laden as, more obviously, are other practices such as literary criticism and feminist pedagogy. The idea that the former type of practices are somehow value free and in need of additional study in moral competence or life skills is mistaken. Instead it is argued that all practices are evaluative and that an induction into any practice is bound to be a form of values education. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

It is a widespread opinion that toleration, as a political practice, has merely instrumental value. The aim of this paper is to defend, on the contrary, that toleration has political value in itself. In more specific terms, I will claim that it is valuable in itself in virtue of its intrinsic relationship with democracy. Toleration is a constituent of democracy inasmuch as it is necessary for the existence of a democratic administration of political power. I will show that that relation (...) of constitution holds because toleration, through the protection of spaces of contestation to the political power, contributes to solving democracy’s inner tension resulting from its practical implementation. -/- Es una opinión extendida que la tolerancia, en cuanto práctica política, tiene valor meramente instrumental. El objetivo de este artículo es defender, por el contrario, que ella tiene valor político en sí. Específicamente, defenderé que es valiosa en sí misma a causa de su relación intrínseca con la democracia. La tolerancia es un constituyente de la democracia en cuanto es necesaria para que pueda existir una administración democrática del poder político. Mostraré que esa relación de constitución existe porque la tolerancia, mediante la protección de espacios de contestación al poder político, contribuye a la resolución de una tensión interna de la democracia en su implementación práctica. (shrink)

In recent years, it has been argued more than once that situations determine our conduct to a much greater extent than our character does. This argument rests on the findings of social psychologists such as Stanley Milgram, who have popularized the idea that we can all be brought to harm innocent others. An increasing number of philosophers and ethicists make use of such findings, and some of them have argued that this so-called situationist challenge fatally undermines virtue ethics. As virtue (...) ethics is currently the most popular underpinning for ethics education in the military, it is important to know to what extent the claim situationists make is correct. Fortunately, a closer look indicates that an interactionist perspective, with our character and the situation interplaying, is more accurate than the situationist perspective. (shrink)

Efficient markets are alienating if they inhibit us from recognizably caring about one another in our productive activities. I argue that efficient market behaviour is both exclusionary and fetishistic. As exclusionary, the efficient marketeer cannot manifest care alongside their market behaviour. As fetishistic, the efficient marketeer cannot manifest care in their market behaviour. The conjunction entails that efficient market behavior inhibits care. It doesn’t follow that efficient market behavior is vicious: individuals might justifiably commit to efficiency because doing so serves (...) the common good. But efficient market systems nevertheless have significant opportunity costs. The discussion yields a range of desiderata for non-alienated economic organization. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making bodies to (...) produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

The statement everyone wants to live a fulfilled and happy life may seem simple, self-evident, and even trivial at first glance. However, upon closer philosophical analysis, can we unequivocally assert that people are truly focused on well-being? Assuming they are, the question becomes: what guidelines should be followed and how should one behave in order to achieve true well-being and attain their goals? One popular viewpoint is that cultivating moral virtues and personal qualities is essential for a life of "true" (...) well-being, rather than mere pleasure. This perspective is not particularly original, as it was advocated quite clearly by Aristotle. However, we must ask: what guarantees that virtue will lead to well-being? Can we really ignore the common-sense doubt that virtue (and moral life), as Kant points out, may not be rewarded with any form of well-being or "happiness" in the broadest sense during our earthly existence? How might we address this doubt? If questions about the relationship between happiness and virtue have been asked since ancient times, why don't we have definitive answers yet? Perhaps there is something wrong with the questions themselves, as is often the case in philosophy. Views on this relationship have influenced the modification of theories that philosophers have put forth in order to provide satisfactory answers. One such theory is the renewed and modernized ethics of virtue, which places the greatest emphasis on building an individual's moral character, assuming that Aristotelian character virtues such as courage, honesty, generosity, prudence, self-control, and compassion will enable us to lead a happy and fulfilling life. "Virtues" refer to a wide range of "excellences" or activities that individuals can use to perfect themselves. For example, an ordinary person might accept that courage can make their life more fulfilling, but it's important to recognize that virtues cannot be acquired overnight. Furthermore, many people believe that virtues are innate qualities that one either possesses or lacks. In contrast, ethics of virtue provides guidance and instructions for developing virtues over extended periods of time, as well as for continuously "practicing" the development of moral characteristics that will make us better individuals. The central and most significant concept in ethics of virtue is the golden mean, which can be interpreted in various ways. Essentially, ethics of virtue offers a path to a life filled with pleasure, harmony, and virtuous action. However, this collection of essays, Virtues and Vices: Between Ethics and Epistemology, is not exclusively concerned with virtues or ethics. Knowledge, as well as the processes of belief formation and justification of those beliefs, are also essential to ethics of virtue. Going back to the systematic Greek philosopher and his teacher, we can emphasize that virtues and knowledge are inseparable. Without the epistemology of virtues, even a thematic collection like this one would be incomplete. The Epistemology of Virtue is a relatively new branch of philosophy that has emerged as a response to questions about the value-neutrality of science. For a long time, the separation of values and scientific inquiry has been viewed as the correct methodological approach. However, it is clear that every scientist is also a human being with their own virtues and flaws. It is naive to assume that a scientist can leave their values and moral qualities outside the laboratory and treat their colleagues in the team differently than they would treat other people in their everyday life. Taking this into account, we can notice that Epistemology of Virtue is a theory that examines the influence of virtues on the processes of acquiring knowledge. Epistemic virtues refer to qualities that enable individuals to acquire knowledge and make reliable judgments. These virtues include traits such as openness to diverse testimonies and arguments, critical thinking, a tendency to question one's own assumptions, and the ability to identify errors in one's own thought processes. Just like in virtue ethics, the Epistemology of Virtue raises the question of how we can cultivate the necessary virtues and how these virtues can have a positive impact on both individuals and society. The field also explores how epistemic virtues can be put into practice, such as in educational settings, scientific research, and various social activities. Finally, we turn to a topic that is often overlooked in philosophy - human flaws. While ethics typically views flaws as the opposite of virtues, requiring correction both individually and socially, the Epistemology of Virtue questions what happens when flaws occur in knowledge-related qualities. Do these flaws also need to be eliminated, or are they an inherent part of the process of acquiring knowledge and making judgments? At first glance, prejudices, stereotypes, dogmatism, conformism, closed-mindedness towards arguments and evidence, as well as uncritical acceptance of authority, can all hinder our ability to acquire knowledge. Epistemologists view these qualities as vices, rather than flaws like ethicists do. The Epistemology of Vices is the newest of the three branches of philosophy covered in this thematic collection, and it examines the ways in which false and untrue beliefs develop and persist in society. This area of study seeks to answer questions about how people form delusions and whether it is possible to overcome them. On the other hand, the Epistemology of Virtue is like the "older brother" that supervises these vices. It contributes to the investigation and overcoming of vices by developing virtues that enable individuals to more accurately assess the truthfulness of their beliefs. However, even though vices can have a destructive impact on knowledge acquisition, the question remains: are vices always detrimental in every context? Conversely, can virtues be detrimental? For example, does a virtue like solidarity sometimes hinder the efficient formation of true beliefs in time-sensitive situations such as finding a vaccine to combat a virus pandemic? Can vices be useful? Can stubbornness and uncooperativeness sometimes help a research team by allowing two sides to reach the same goal through different paths? Within this collection, some of these questions will receive answers, some of which may confirm existing impressions, while others may surprise readers. The thematic collection, Virtues and Vices: Between Ethics and Epistemology, consists of four interesting chapters and 21 papers that cover the selected topic through the prism of philosophical disciplines such as ethics, epistemology, the history of philosophy, philosophy of mind, political philosophy, and philosophy of science. In this introduction, we will not discuss the contents of the articles so as not to disrupt the intended integral approach to reading the collection. A significant feature of this collection is the continuity that extends from one paper to another, from topic to topic, and from problem to problem. Lastly, we would like to express our gratitude to the Faculty of Philosophy at the University of Belgrade for their support in realizing this collection, as well as to our colleagues from the Department and Institute of Philosophy who have made this collection a relevant and significant achievement with their contributions. We are also thankful to the reviewers of the collection as a whole, as well as to the referees of individual articles, who have provided us with detailed comments and remarks that have made this collection clearer and more comprehensive. We owe a special thanks to our colleagues from Zagreb, Rijeka, and Maribor, whose exceptional papers have contributed to making this collection an unabashed international contribution to debates about the ethics and epistemology of virtues and vices. (shrink)

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to (...) be best suited to identify unjust as well as legitimate instances of socio-environmental inequality. (shrink)

In spite of the shortage in Rawls’s work of references to Smith’s later and even more famous book, the ideas and arguments of An Inquiry into the Nature and Causes of the Wealth of Nations are central to Rawls’s theory of justice. This article intends to show that without the ideas Smith proposed in The Wealth of Nations, Rawls would not have been able to write A Theory of Justice. Smith’s ideas in The Wealth of Nations supply Rawls with the (...) central question he attempts to answer in his theory of justice. They also supply him with a key component of his answer to that question, a component without which Rawls’s answer to the question would have looked sharply different. Smith’s contributions to the set of ideas on which Rawls drew to formulate his theory of justice are as important to that theory as Kant’s contributions and are more important to Rawls’s theory than the contributions of any thinker other than Kant (with the possible exception of Sidgwick). (shrink)

No Leviathan o poder (power) pode ser entendido em dois sentidos diferentes, cuidadosamente diferenciados em sua versão latina pelo emprego dos termos potentia e potestas para traduzir, a depender do contexto e do tipo de poder em questão, o inglês power. Potentia e potestas, embora sejam tipos de poder de natureza distinta - um, o poder físico que os corpos têm de produzir efeitos uns nos outros; outro, o poder jurídico, do qual resultam efeitos jurídicos como a própria justiça -, (...) estão mutuamente implicados na trama das representações jurídicas. Esse artigo pretende explorar as consequências que se seguem deste conceito ambivalente do poder para se pensar a justiça e o direito natural. (shrink)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents an (...) assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important implications (...) for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

This paper argues that Internet access should be recognised as a human right because it has become practically indispensable for having adequate opportunities to realise our socio-economic human rights. This argument is significant for a philosophically informed public understanding of the Internet and because it provides the basis for creating new duties. For instance, accepting a human right to Internet access minimally requires guaranteeing access for everyone and protecting Internet access and use from certain objectionable interferences (e.g. surveillance, censorship, online (...) abuse). Realising this right thus requires creating an Internet that is crucially different from the one we currently have. The argument thus has wide-ranging implications. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes are (...) so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

Without question, Process Philosophy and Political Liberalism: Rawls, Whitehead, Hartshorne, is Daniel Dombrowski's most important and well-argued treatise to date within his growing, prolific literary corpus. Bringing his expertise on John Rawls's political thought to bear on the process thinking of A. N. Whitehead and Charles Hartshorne, he explores commonalities of approach and ventures the interpretive hypothesis that Rawls is, at least broadly speaking, a process philosopher. He also argues that each of these philosophers appropriately shares the appellation “political liberal” (...) when that term is carefully defined. I find this strongly plausible. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms, as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

Socially extended knowledge has recently received much attention in mainstream epistemology. Knowledge here is not to be understood as wholly realised within a single individual who manipulates artefacts or tools but as collaboratively realised across plural agents. Because of its focus on the interpersonal dimension, socially extended epistemology appears to be a promising approach for investigating the deeply social nature of epistemic practices. I believe, however, that this line of inquiry could be made more fruitful if it is connected with (...) the critical notion of epistemic responsibility, as developed in feminist responsibilism. According to feminist responsibilists, at the core of epistemic responsibility is a critical disposition toward correcting epistemic injustice. This epistemic idea is highly relevant to the epistemological context of illness, where patient testimony is often disregarded. Hence, though restricted to the epistemological context of the experience of illness, this chapter delves into epistemic injustice and its robust mechanisms. I thus explore what responsible epistemic practices should involve in order to redress that injustice and how epistemic responsibility should be socially extended. The discussion proceeds as follows. First, by relying on Arthur Frank’s innovative work on illness narratives, I focus on chaotic bodily messages from patients overwhelmed by suffering and then explain why these messages should count as genuine narratives or testimonies despite their inarticulateness. Second, I elaborate on how epistemic injustice concerning such narratives (i.e., chaos narratives) is produced and reproduced, in particular how both a dominant sociocultural norm and our inherent vulnerability can contribute to its production and reproduction. Finally, I propose an extended form of epistemic responsibility that ameliorates this aspect. Laying particular emphasis on the epistemic role of mature empathy, I characterise the extended epistemic responsibility in terms of extended empathic knowledge. (shrink)

This dissertation identifies and explains four major contributions of the Laws and related late dialogues to Plato's moral and political philosophy. -/- Chapter 1: I argue that Plato thinks the purpose of laws and other social institutions is the happiness of the city. A happy city is one in which the city's parts, i.e. the citizens, are unified under the rule of intelligence. Unlike the citizens of the Republic, the citizens of the Laws can all share the same true judgments (...) of value, and this unanimity explains the city's unity. Plato thinks that aiming at the city's happiness is justified, moreover, because a unified city contributes to the universe's order. -/- Chapter 2: In the Laws, Plato holds that the sick, poor, ugly, weak, but virtuous are happy, and that health, wealth, beauty, and strength benefit the virtuous but harm the vicious. Only in the Laws does Plato commit himself to all these claims simultaneously, and I explain how the moral psychology of the Laws permits Plato to maintain them coherently. -/- Chapter 3: I argue that, in the Laws, becoming virtuous is the same as becoming like God. Becoming like God does not require escape from the world of change as it does in the Theaetetus, however. Rather, becoming like God requires bringing "measure" or appropriate order to the world of change, especially to those entities over which we have the most control—our own souls. In the Laws, citizens achieve this order as they learn to be just and to understand the nature of reality. -/- Chapter 4: Unlike the Republic and Statesman, the Laws holds that obedience of the citizens to their laws should be effected, if possible, with rational persuasion. I argue that Plato wishes such persuasion to educate the citizens of the reasons for the laws. Understanding the laws' justification is the principal way in which citizens acquire the good judgment necessary for virtue. The city becomes more happy as the citizens progress in virtue, so rational persuasion is a necessary means to the lawgiver's overall aim. (shrink)

A prevalent political narrative is that we are facing an epistemological crisis, where many citizens no longer care about truth and facts. Yet the view that we are living in a post-truth era relies on some implicit questionable empirical and normative assumptions. The post-truth rhetoric converts epistemic issues into motivational issues, treating people with whom we disagree as if they no longer believe in or care about truth. This narrative is also dubious on epistemic, moral, and political grounds. It is (...) epistemically dubious in being largely insensitive to the problem of complexity in politics; it is morally dubious because “post-truth” is often a derogatory label for individuals or groups that are deemed stupid, irrational, or morally compromised; and it is a politically toxic neologism because it purports to use the language of ‘truth’ as a weapon against power, yet these truth-claims are often themselves attempts to exert power over others by delegitimizing their perspectives. While it may seem as if truth and democracy are on especially bad terms lately, politics and truth have long had a vexed relationship, and moral panics about the value of truthfulness in politics are as old as politics itself. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech – that (...) is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...) while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The important (...) role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

This article discusses the growth of the populist radical right as a concrete example of the scenario where liberal democratic ideas are losing support in broadly liberal democratic societies. Our goal is to enrich John Rawls’ influential theory of political liberalism. We argue that even in that underexplored scenario, Rawlsian political liberalism can offer an appealing account of how to promote the legitimacy and stability of liberal democratic institutions provided it places partisanship centre stage. Specifically, we propose a brand-new moral (...) duty binding ‘reasonable’ partisans committed to pluralism. This duty establishes conditions where partisans must strategically transform society’s public reason (i.e. transform the visions for society their parties campaign on) in ways that promise to attract back support from illiberal and antidemocratic competitors. While this strategic behaviour might seem impermissible, we show that Rawls’ distinctive account of sincerity in democratic deliberation is uniquely placed to justify it as perfectly ethical. (shrink)

Understanding the relationship between experts and laypeople is crucial for understanding today’s world of post-truth and the contemporary crisis of liberal democracy. The emergence of post-truth has been linked to various phenomena such as a flawed social and mass media ecosystem, poor citizen education, and the manipulation tactics of powerful interest groups. The paper argues that the problem is, however, more profound. The underlying issue is laypeople’s inevitable epistemic dependence on experts. The latter is part and parcel of the “risk (...) society” in which people question the scientific consensus and thus are able to manipulate the facts. It is a powerful weapon in the hands of illiberal democrats, though liberal democrats can make no use of it. The latter downplay the problem of citizens’ epistemic deficits and of the epistemic asymmetries between them. The third and fourth generations of deliberative democrats are a perfect example. The paper argues that the concepts of interactional expertise and epistemic dependence explain why understanding between experts and laypeople is impossible. The said phenomena undermine liberalism’s unrealistic assumptions concerning citizens’ decision-making competence. (shrink)

As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...) and of automata and whether ontological difference between them, that pertains to the very bases of human rights, affects the latter’s claims to full human rights. Considering common bases of human rights, can these bases tell us whether a certain ontological distinction of humans from automata—or a de facto distinction about humans tacitly acknowledged by full-rights-recognizing societies—makes a difference in whether humans are morally obligated to assign these entities full rights? Human rights to security also arise. The conclusion is that humans need not be under any moral obligation to confer full human rights on automata. The paper’s ultimate point is not to close the discussion with this ontological cap but to set a solid moral and legal groundwork for opening it up tout court. (shrink)

This paper offers an analysis of the relation between political populism and mass media, and how this relation becomes problematic for democratic societies. It focuses on the fact that mass media, due to their purpose and infrastructure, can unintentionally reinforce populist messages. Research findings from communication science and political psychology are used to illustrate how, for example, a combination of mass media agenda setting and motivated reasoning can influence citizens’ political decisions and impair their political autonomy. This poses a particular (...) normative challenge for modern democracies: how to counter these populism-supporting effects within the constraints of democratic legitimacy? After showing how severely limited legal measures to curb populist media effects would be, the paper argues in favour of media competence education as a way of providing future citizens with an epistemic toolkit to navigate the media environment and strengthen their political autonomy. (shrink)

There are several strategies for exposing the defects of established moral discourse, one of which is critical argumentation. However, under certain specific historical circumstances, the apparent self-evidence of established moral discourse has gained such dominance, such a capacity of resistance or incorporation, such an ability to conceal its basic vulnerability that its validity simply seems beyond contestation. Notwithstanding the moral subject’s basic discontent, he or she remains unable to challenge the dominant discourse effectively by means of critical argument. Or, to (...) borrow a phrase from Michel Foucault, individuals find themselves faced with a certain rationality, a moral regime that dominates moral discourse to such an extent that they cannot offer any resistance without raising the suspicion of being unreasonable. They (that is, we) find ourselves confronted with a discourse quite unable to recognize its own deficiencies. Although we are forced to accept its basic claims, our chronic discontent nevertheless persists. That is, although we are forced to participate in this discourse, we remain basically ambivalent, and our attitude towards established morality contains both a Yes and a No. Then, all of a sudden, the basic vulnerability of the dominant regime dawns on us or is revealed to us – and this is the experience of laughter. (shrink)

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory on (...) religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)

In his recent bookThe Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian (...) approach already delivers much of what Sen himself wants from a theory of justice. (shrink)

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This answer (...) is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)