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)

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)

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)

While the concept of Bildung has acquired international currency in educational and philosophical studies, its moral implications have been obscured by existing educational accounts. I present the moral implications inherent in the term through specific reference to the early works of Wilhelm von Humboldt. In contrast to previous scholarships, where Humboldt’s theory of Bildung has been deployed for drawing on the account of the true end of the human being and the inner process of interaction between the self and the (...) world, I draw on Bildung as a moral conception of promoting a good life for others. To illustrate this conception, I (a) demonstrate the basic structure of Humboldt’s theory of Bildung by examining its four core components, (b) reconstruct Humboldt’s notion of virtue balanced state of various faculties as a moral ideal (c) consider Humboldt’s philosophical historiography to illustrate how Bildung can be mediated at individual and collective levels, and (d) present the concrete forms of the obligation to promote the good lives of others in his anthropological writings. (shrink)

This paper will critically examine the use of evidence in creating policy in the area of reproductive technologies. The use of evidence in health care and policy is not a new phenomenon. However, codified strategies for evidence appraisal in health care technology assessments and attempts to create evidence based policy initiatives suggest that the way evidence is used in practice and policy has changed. This paper will examine this trend by considering what is counted as ‘good’ evidence, difficulties in translating (...) evidence into policy and practice and how evidence interacts with principles. To illustrate these points the removal of gamete donor anonymity in the UK in 2005 and the debates that preceded this change in the law will be examined. It will be argued that evidence will only ever take us so far and attention should also be paid to the underlying principles that guide policy. The paper will conclude with suggestions for how underlying principles can be more rigorously used in policy formation. (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)

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)

My aim in this article is to contribute to defences of working time policies by attempting to meet an objection that comes from those who condemn these measures on the alleged grounds that they reduce economic output. What is more, as I emphasize throughout, it is possible to rebut such a concern in a fashion that is consistent with the demands of liberal anti-perfectionism. In itself, this is a philosophically striking and politically significant result. However, beyond this, much of the (...) value of my discussion lies in the details of how to meet the relevant objection, and perhaps especially in my novel liberal defence of the ideal of the stationary state. (shrink)

Recently, many normative theories of democracy have taken an epistemic turn. Rather than focus on democracy's morally desirable features, they argue that democracy is valuable (at least in part) because it tends to produce correct political decisions. I argue that these theories place epistemic demands on citizens that conflict with core democratic commitments. First, I discuss a well-known challenge to epistemic arguments for democracy that I call the ‘deference problem’. I then argue that framing debates about this deference problem in (...) terms of work on epistemic defeat reveals a structurally similar but more serious challenge for epistemic arguments for democracy. Succinctly put, the problem is that if democracy tends to produce correct political decisions, then those in the minority might be required to suspend beliefs about political matters; however, this requirement conflicts with the pivotal democratic principle of self-government. Call this the ‘suspension problem’. (shrink)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

Appeals to the public interest in law are commonplace, but typically made without clarifying what the public interest is and how it can be determined. In law, this has led to ad hoc applications of the public interest and, consequently, to “judicial idiosyncrasy,” posing a threat to legal certainty. This paper aims to remedy these problems by providing much‐needed conceptual clarification. It proposes that something is in the public interest if it increases the opportunities of the members of the public (...) to pursue and realize the (permissible) ends they all share qua equal members of the public. (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)

The starting point of our considerations is the two books published in 2010: "Ill Fare the Land" by late Tony Judt and "Not for Profit" by Martha Nussbaum. The authors of both books share the conviction that neoliberal changes in the world of global capitalism radically impoverish culture and their consequences may be dramatic and irreversible. In our paper we would like to emphasize the dangers to solidarity and social cohesion posed by neoliberal postulates. We also claim that promoting the (...) neoliberal ideology in the context of higher education and institutions of civic society endangers the very democracy understood as reasonable pluralism (in John Rawls' terminology), consisting in rationality, plurality of opinions, lifestyles, and conceptions of good, as well as consensus as the aim of social and political practices. (shrink)

This contribution seeks a nuanced democratic view on the position of religious and ideologically inspired views and argumentations on the political forum. We reject the liberal standard vision that rules out every reference to comprehensive doctrines. Political decisions should be neutral in their formulation of a proposition, but this does not exclude that there is some room for pluralism in the debate that precedes those decisions. From a democratic point of view there is no objection to religious and ideological views (...) and argumentations in the political debate on condition that citizens adopt a democratic attitude with regard to their own comprehensive views. (shrink)

The idea that the state ought to be neutral towards different conceptions of the good life has been an influential principle in liberal theory since the 1970s. It has, however, been subject to criticism by communitarians, multiculturalists and liberal perfectionists. Recently, Peter Balint has attempted to defend state neutrality against its liberal critics as the adequate interpretation of the liberal project by redefining it as a range concept. By arguing that neutrality always occurs within a specific range of permissible conceptions (...) of the good life, Balint provides a convincing rebuttal of neutrality’s critics. In this paper I argue that while neutrality as a range concept provides an adequate account of state neutrality, it also makes it vulnerable to a new line of critique. Since the range of neutrality cannot be deduced from the principle of neutrality itself, neutrality is subject to political developments beyond its own control. I will start by clarifying the notion of neutrality as a range concept. Secondly, I will demonstrate that Balint’s notion of the range concept finds ample support in the wider literature on neutrality. Thirdly, I will argue that, as a range concept, neutrality ultimately depends on politically constituted value judgments. (shrink)

Recent debates in liberal political theory have sought to come to terms with the post-secular condition, characterised by deep religious pluralism, the resurgence of right-wing populism, as well as new social movements for economic, ecological and racial justice. These forces represent competing claims on the public space and create challenges for the liberal model of state neutrality. To better grasp this problem, I argue for a more comprehensive engagement between liberalism and political theology, by which I understand a mode of (...) theorising that reveals the theological basis of modern secular political concepts. In considering two contrasting approaches to political or public theology – Carl Schmitt’s and Jürgen Moltmann’s – I argue that liberal political theory can and should open itself to a diversity of social movements and ecological struggles that pluralise the political space in ways that unsettle the boundary between the secular and religious. (shrink)

The pragmatist view of politics is at its very heart epistemic, for it treats morals and politics as a kind of deliberation or inquiry, not terribly unlike other kinds of inquiry. With the exception of Richard Rorty, the pragmatists argue that morals and politics, like science, aim at the truth or at getting things right and that the best method for achieving this aim is a method they sometimes call the scientific method or the method of intelligence – what would (...) now be termed deliberative democracy. Hence, the pragmatists offer an argument for democracy which appeals to the quality of the decisions supplied by democratic procedure. Why should we value decisions that are the products of voting after open debate over private decision-making and then voting, over bargaining, or over elimination of those who disagree with us? We should value them because the deliberative democratic method is more likely to give us true or right or justified answers to our questions. Rorty, of course, thinks that no inquiry aims at the truth and that nothing about pragmatism speaks in democracy's favor. This paper will show how his brand of pragmatism betrays what is good and deeply interesting in the pragmatist tradition. (shrink)

At least since the publication of the monumental Strategic Management: A Stakeholder Approach, the "stakeholder theory" originated by R. E. Freeman has engrossed much of the business ethics literature. Subsequently, some advocates have moved a bit too quickly and without proper definition or argument. They have exceeded Freeman's intentions which are more libertarian and free-market than is often thought. This essay focuses on the versions of stakeholder theory directly authored or coauthored by Freeman in an effort to recover Freeman's intentions (...) and the argumentative justification of stakeholder theory. It then argues that Freeman's appeal to legal, economic, and ethical constraints ultimately produce arguments that are invalid. One can thoroughly support legislation constraining corporations or seeking to prevent age discrimination, market monopolies, and externalities and regret the extent that capitalism is heir to such shortcomings without it following that business beneficiaries should be changed from stockholders to stakeholders and the latter should be given serious decision-making power. Further, stakeholder theory neither defines nor battles any obvious opposition. Hence, it is difficult to see what it changes about business management. In short, stakeholder theory either changes too much about business, or nothing important at all. Efforts to supplant or improve the reigning theory of capitalism will have to do better. (shrink)

In a little noted passage in A Theory of Justice, John Rawls argued that genetic intervention in the traits of offspring may be morally required as a matter of distributive justice. Given that the “greater natural assets” of each “enables him to pursue a preferred plan of life[,]” Rawls wrote, the parties to the original position “want to insure for their descendents the best genetic endowment.…Thus over time a society is to take steps at least to preserve the general level (...) of natural abilities and to prevent the diffusion of serious defects.…The pursuit of reasonable policies in this regard is something that earlier generations owe to later ones.” Whether biological enhancement actually is a moral obligation we owe to future generations is a question that I have taken up elsewhere, but which lies beyond my scope here. If we agree with Rawls that some measure of safe and effective genetic intervention may be required as a matter of justice, it stands to ask how the distribution of genetic goods – that is, the hereditary basis of human traits – should be carried out. (shrink)

The article discusses the Kenyan post-2007 elections political crisis within the framework of ‘libertarian communitarianism’ that integrates individualistic self-interest with traditional collectivist solidarity in the era of globalization in Africa. The author argues that behind the Kenyan post-election anarchy can be analyzed as a type of ‘prisoner's dilemma’ framework in which self-interested rationality is placed in a collectivist social contract setting. In Kenya, this has allowed political manipulation of ethnicity as well as bad governance, both of which have prevented the (...) building of a strong, impartial state. In Kenya, socio-economic disparities and historical injustices due to corruption, nepotism, cronyism and other forms of favoritism have maintained ethnic and other internal tensions, which exploded into open conflict after the disputed December 2007 elections.The author shows how the ‘libertarian communitarist’ politico-economic context lacks shared values and precludes forward-looking solutions for social justice that promote public good and national unity. Instead, a nation remains divided with its people set up in competitive positions, because there is public trust neither in partisan and self-interested governments nor in inefficient state structures with often (ethnically and/or regionally) biased (re)distribution of resources and unequal service delivery. The greed of the political elites and grievances of the ordinary citizenry maintain distrust across the nation and focus on past injustices rather than finding a shared agenda for future unity.The author suggests that in order to build up public trust, to strengthen the state structures and to gain national unity, it is necessary to focus on shared values and a forward-looking concept of justice, acceptable to all. (shrink)

Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?It is argued that the pluralism that has led theorists tooffer a conception (...) of citizenship based upon principles of right,rather that the common good, applies even more strongly at thelevel of the European political order. Developing a contractariantheory of federation, an account of the basis of a Europeancitizenship will be offered in which federalism emerges out of anoverlapping consensus of European citizens on the terms of theirpolitical association.`European Citizenship' and `European Identity' are discussedin the context of the so-called `European Union', and not in thewider context of Europe `as a whole', or for that matter on aneven broader `cosmopolitan' scale. However, the gist of the articleis that arguments for concepts of `citizenship' and `identity'that go beyond borders of nation-states and that are applied tothe `European Union', could have implications for an even widerapplication.Finally, and in conclusion, the (empirical) context will beelaborated in which the normative concept of shared liberalcitizenship identity should be realized on a pan-national,European level. (shrink)

If we accept Popper's idea that the human habitat is described in terms of three worlds, and that there are overlaps between these three worlds, our moral actions and values will also be subject to the same kinds of consideration as a repertoire of behaviours exhibited in a physical environment. We will develop moral habits in a moral habitat and our moral behaviours will also be dependent on the kind of moral habitat in which we find ourselves.There are three main (...) problems to which this analysis leads and on which we will focus in this paper. Firstly, there is the problem of the kind of moral environment—habitat—that we need to provide for human beings if they are to develop the kinds of moral values that we hold to be important. Secondly, there is the question of how we are to develop the kinds of moral habits themselves and thirdly, there is the question of how these moral habits and habitat are to be maintained. If we take Popper seriously then human beings have a crucial responsibility in the creation of a moral third world—that is, a habitat in which human beings can flourish. Schools have an important role as a moral habitat for the inculcation of good moral habits. (shrink)

This paper discusses the role of religious speech in the public square and the common school. It argues for more openness to political theology than many liberals are willing to grant and for an educational strategy of engagement over one of avoidance. The paper argues that the exclusion of religious debate from the public square has dysfunctional consequences. It discusses Rawls’s more recent views on public reason and claims that, while they are not altogether adequate, they are consistent with engagement. (...) The outcome of these arguments is applied to three ‘hot button’ issues in US education: creationism, an issue of gay rights, and teaching the Bible in schools. (shrink)

The common school ideal is the source of one of the oldest educational debates in liberal democratic societies. The movement in favour of greater educational choice is the source of one of the most recent. Each has been the cause of major and enduring controversy, not only within philosophical thought but also within political, legal and social arenas. Echoing conclusions reached by Terry McLaughlin, but taking the historical and legal context of the United States as my backdrop, I argue that (...) the ideal of common schooling and the existence of separate schools, which is to say, the existence of educational choice, are not merely compatible but necessarily co-exist in a liberal democratic society. In other words, we need both common schooling and educational choice. The essay proceeds in four parts. First, I explain why we need to understand something about pluralism in order to understand common schooling and school choice. In the second and third parts, I explore the normative significance of pluralism for common schooling and educational choice, respectively. In the fourth part, I show how the two can be reconciled, given a certain understanding of what pluralism demands. (shrink)

In this essay I critique two influential accounts of rational autonomy in common schooling that conceive liberalism as an ideal form of life, and I offer an alternative approach to democratic education that views liberal theory as concerned with coexistence among rival ways of living. This view places moral agency, not rational autonomy, at the heart of schooling in liberal societies—a moral agency grounded in initiation into dynamic traditions that enable self-definition and are accompanied by exposure to life-paths other than (...) one’s own. This alternative challenges the tendency in large diverse democracies (such as those of the US and the UK) to prefer common to particularistic schools, thereby placing many types of faith and secular schools on a more equal footing and providing moral justification for education in the national cultures of small liberal republics (such as Denmark, Israel and Lithuania) that maintain special relationships to particular groups while acknowledging the rights of all citizens. I call this approach the pedagogy of difference. (shrink)

What might be termed 'the problem of morality' concerns how freedom-restricting principles may be justified, given that we value our freedom. Perhaps an answer can be found in freedom itself. For if the most obvious reason for rejecting moral demands is that they invade one's personal freedom, then the price of freedom from invasive demands that others would otherwise make may well require everyone accepting freedom in general, say, as a value that provides sufficient reason for adhering to principles that (...) serve to maximize, or at least safeguard, freedom in general. But then it is precisely such a value, freedom in general, which can be argued to ground an adequate moral system. Hence whereas the value of freedom appears at first sight to pose problems for moral systems, it can be employed to ground a certain variety of them. (shrink)

What an honor to have political and educational theorists of such caliber take up ideas from my work! What a daunting task to try to respond! My remarks will touch on the following questions: What are some key issues of distributive justice in education today? Why does defining justice in terms of oppression and domination imply that issues of justice cannot be reduced to distribution? How does normalization constitute a major process enacting oppression, and what does this imply for education? (...) What does it mean to include marginalized groups in economic opportunity and democratic process, and how can educational institutions foster such inclusion? Why do issues of religion and other forms of cultural expression belong to a distinct category of justice? Are values of freedom of expression and tolerance in tension with the project of democratic inclusion? How shall we consider transnational issues of educational justice? (shrink)

Ben Spiecker; Japan and the American Identity, Journal of Philosophy of Education, Volume 30, Issue 2, 30 May 2006, Pages 315–320, https://doi.org/10.1111/j.146.

Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...) this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (shrink)

Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls’ difference principle and by discussing (...) the conception of education that they ground. I shall draw especially on sociology of education and its questioning of the ‘racism of intelligence’ in order to show that political liberalism mistakes its self- and world-understanding as a reflection of general and undisputed facts. Further, I shall explain how a more critical perspective would give educational theory a more active role by challenging the so-called ‘reproductive’ conception of education. I shall conclude by assessing the significance of such a critique for teaching citizenship, putting forward some suggestions for a reorientation of political education. (shrink)

This article seeks to demonstrate a particular application of Foucault's philosophical approach to a particular issue in education: that of personal autonomy. The paper surveys and extends the approach taken by James Marshall in his book Michel Foucault: Personal autonomy and education. After surveying Marshall's writing on the issue I extend Marshall's approach, critically analysing the work of Rob Reich and Meira Levinson, two contemporary philosophers who advocate models of personal autonomy as the basis for a liberal education.

The role of critique in the Anglophone analytical tradition of philosophy of education is outlined and some of its shortcomings are noted, particularly its apparent claim to methodological objectivity in arriving at what are clearly contestable positions about the normative basis of education. Many of these issues can be seen to have a long history within European, and especially German, philosophy of education. In the light of this the discussion moves on to a consideration of similarities and contrasts between the (...) Anglophone and German-inspired deployment of the concept of critical rationality in philosophy of education. The claims to objectivity of the Anglophone tradition are contrasted with a more self-conscious concern for social justice and improvement in other European traditions, which has been followed more recently by a greater scepticism concerning the potential of critique for delivering social justice and improvement in education. This has parallels with the growing Anglophone disillusion with ‘classical’ analytic philosophy of education. This in turn has resulted in a greater awareness of the limitations of critique: its ideological character, its rootedness in specific contexts, its own potential dogmatism and its ambiguities. The various contributions to this volume are briefly described and related to each other. (shrink)

In an epistemology of contextualism, how robust does consensus need to be for critique to be practically effective? In ‘Relativism and the Critical Potential of Philosophy of Education’ Frieda Heyting proposes a form of contextualism, but her argument raises a number of problems. The kinds of criteria that her version of contextualism will furnish provide, at best, the potential only for an immanent form of critique from within a particular practice, and the possibility that practitioners alone will adopt a general (...) stance of critique. By their nature, the criteria that Heyting endorses will be too transient and ephemeral to assist in any larger project that might be aimed at making effective criticism of the status quo. Further problems are exposed to do with the conditions needed to make critique effective when Heyting’s normative argument is situated in the Realpolitik of contemporary education. Drawing on the work of Charles Sanders Peirce, and in a manner intended to be complementary to Heyting’s normative argument, the paper offers some suggestions regarding the role that doubt might play in justifying criticisms of the status quo. (shrink)

Liberal attempts to defend faith schooling have been conditional on the ability of faith schools to serve as a context for individual choice. A recent critique of these attempts claims that religious parents would find such moderate faith schooling unacceptable. This article sets forth a new liberal defence of faith schools drawing heavily on the distinction between political and comprehensive liberalism. Since political liberalism’s understanding of personal autonomy does not include the ability to make choices, the political liberal defence of (...) faith schools can accommodate denominational schools that limit the ability of students to choose or change their religion. (shrink)