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 paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both (...) liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn. (shrink)

In this chapter, we consider the relationships between democracy, equality, and justice and the ways in which those relationships define the territory of contemporary political philosophy.

Acts of civil disobedience are undertaken in defense of a variety of causes ranging from banning GMO crops and prohibiting abortion to fighting inequality and saving the environment. Recently, Brownlee has argued that the merit of a cause is not relevant to the establishment of a moral right to civil disobedience. Instead, it is the fact that a dissenter believes his cause for protest to be morally right that is salient. We may term her and similar such theories belief-relative theories (...) of civil disobedience. In this paper, I first argue that Brownlee’s important argument from conscientious conviction fails in its aim to establish a belief-relative moral right to civil disobedience. I then provide a more general argument that no purely belief-relative theory of civil disobedience grounded in a basic moral value will be tenable. Any moral warrant of civil disobedience that is derived from a value must be limited by the value from which it is derived, as well as by other similarly weighty values. If the moral warrant of civil disobedience is derived from the value of autonomy, then the warrant does not extend to acts of civil disobedience that violate the autonomy of others, or other similarly weighty values. Furthermore, granting a right to disobey in promotion of a grossly unjust view is problematic because civil disobedience ought to serve the role of promoting justice. (shrink)

John Rawls’ account of our obligations towards future generations has received considerable criticism in the environmental ethics literature relative to the scant few passages in which he discusses the issue. I argue that much of this criticism is warranted because Rawls’ Heads of Family strategy for grounding obligations to future generations is not only independently problematic, but also inconsistent with his general framework. Furthermore, the oft-suggested Time Travel strategy will not work either, and for just those reasons which Rawls gave. (...) However, I contend that the less often discussed “Universalizability Principle,” which Rawls discusses most prominently in Political Liberalism, is a plausible account of our obligations to future generations and is consistent with Rawls’ general framework. I then defend this Rawlsian account of our future-oriented obligations against objections in the environmental ethics literature such as those recently advanced by the consequentialist Tim Mulgan. (shrink)

Department of Medical Education, Flinders University of South Australia, GPO Box 2100, Adelaide SA 5001. Tel. : +61-8-7225-1111; Fax: +61-8-8204-5675; Email: lee0359{at}flinders.edu.au ' + u + '@ ' + d + ' '/ /- ->.This paper analyses the role of communication strategies in pandemic influenza planning. Our central concern is with the extent to which nations are using communication to address issues of social justice. Issues associated with disadvantage and vulnerability to infection in the event of an influenza pandemic raise (...) distinct questions about how well less well off groups will be protected. The potential for a public health emergency of this type to exacerbate existing inequalities, making those in less well off positions worse off, makes social justice an important consideration for pandemic planners. National PI plans offer insights into the ways that nations may use communication to address issues of disadvantage, thereby providing a way of examining how communication strategies are presented and their potential to mitigate inequities. Our research reviewed 12 national PI plans and assessed the extent to which nations are using communication to assist and limit possible harms to less well off groups. We outline in this paper some important issues and considerations associated with social justice and flu planning, in particular if and how plans are addressing inequalities. CiteULike Connotea Del.icio.us What's this? (shrink)

Two key themes structure the work of French philosopher of science Gilbert Simondon: the processes of individuation and the nature of technical objects. Moreover, these two themes are also at the heart of contemporary debates within Ethics and Bioethics. Indeed, the question of the individual is a key concern in both Virtue Ethics and Feminist Ethics of Care, while the hyper-technical reality of the present stage of medical technology is a key reason for both the urgency for and the success (...) of the field of Bioethics. And yet, despite its potential for thinking about these issues, Simondon’s philosophy remains largely unknown. Rather than exploring Simondon’s complex ontology for itself, the aim of this paper is to establish what contribution his work can make in Ethics and Bioethics on two essential questions: the relational structure of the self and the nature of the human-technology relation. I argue that Simondon’s re-conceptualization of the individual harmonizes with perspectives in Feminist Bioethics (particularly the Ethics of Care) and points toward what I call an “open” Virtue Ethics that takes relations to be essential. In order to establish this connection, I explore at length the relational approach to Feminist Bioethics offered by Susan Sherwin’s work. I argue that a Simondonian account of technology and of the individual furthers the relational understanding of the self, offers a characterization of Virtue Ethics that is in harmony with the Ethics of Care, and clarifies a notion of responsibility that is implicated in the complex reality of the modern technological milieu. (shrink)

John Christman has recently objected to substantive conceptions of autonomy on the grounds that they introduce unwanted perfectionism into political thinking. I defend substantive conceptions of autonomy against Christman’s critique on two fronts. First, I defend substantive conceptions of autonomy against the charge that their utilisation in political theory would result in the inappropriate exclusion from democratic respect of individuals in oppressive relations. Second, I defend substantive conceptions of autonomy from the charge that they fail the ‘endorsement constraint’, i.e. that (...) incorporating a substantive conception of autonomy into the concept of the person at the heart of a political theory would be alienating for citizens. (shrink)

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...) of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy. (shrink)

Political philosophy presents a static conception of childhood as a state of lack, a condition where intellectual, physical, and moral capacities are undeveloped. This view, referred to by David Kennedy as the deficit view of childhood, is problematic because it systematically disparages certain universal features of humanity—dependency and growth—and incorrectly characterizes them as features of childhood only. Thus there is a strict separation between childhood and adulthood because adults are characterized as fully autonomous agents who have reached the end of (...) their moral and cognitive development. I argue that this view is mistaken, and limits both the developmental abilities of adults and ongoing moral development within an organized state. I propose that we view dependency as a human condition. By doing so, children and adults form the kind of relationship with one another that encourages the growth and development of our moral sense in both childhood and adulthood. (shrink)

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly argue that (...) they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

Why is it that some instances of disagreement appear to be so intractable? And what is the appropriate way to handle such disagreements, especially concerning matters about which there are important practical and political needs for us to come to a consensus? In this paper, I consider an explanation of the apparent intractability of deep disagreement offered by hinge epistemology. According to this explanation, at least some deep disagreements are rationally unresolvable because they concern ‘hinge’ commitments that are unresponsive to (...) rational considerations. This explanation, if correct, seems to have troubling implications for how we should respond to deep disagreement. If my position on a topic is not responsive to rational considerations, then what choice have I but to dogmatically hold to that position, and simply dismiss the views of those with whom I disagree? I address this problem by identifying an attitude of intellectual humility that is appropriate to have towards one's hinge commitments, and suggest that this attitude provides the basis for a non-rational, constructive way to resolve deep disagreement. (shrink)

Recently Robert B. Talisse has put forth a socio-epistemic justification of liberal democracy that he believes qualifies as a public justification in that it purportedly can be endorsed by all reasonable individuals. In avoiding narrow restraints on reasonableness, Talisse argues that he has in fact proposed a justification that crosses the boundaries of a wide range of religious, philosophical and moral worldviews and in this way the justification is sufficiently pluralistic to overcome the challenges of reasonable pluralism familiar from Rawls. (...) The fascinating argument that Talisse furthers is that when cognitively functional individuals reflect on some of their most basic epistemic commitments they will come to see that, in virtue of these commitments, they are also committed to endorsing key liberal democratic institutions. We argue that the socio-epistemic justification can be reasonably rejected on its own terms and thus fails as a public justification approach. This point is made by illustrating the significance of deep epistemic disagreements in liberal democracies. (shrink)

Should scientific facts and methods have an epistemically privileged status in public reason? In Rawls’s public reason account he asserts what we will label the Scientific Standard Stricture: citizens engaged in public reason must be guided by non-controversial scientific methods, and public reason must be in line with non-controversial scientific conclusions. The Scientific Standard Stricture is meant to fulfill important tasks such as enabling the determinateness and publicity of the public reason framework. However, Rawls leaves us without elucidation with regard (...) to when science is and is not ‘non-controversial’ and more importantly, we are left without a justification for a stricture which excludes certain controversial beliefs and methods of inquiry from the realm of political justification. In this article, we offer what we deem to be the most plausible interpretation of Rawls’s Scientific Standards Stricture. We then use Rawls’s general theoretical framework to examine various potential justifications for privileging these ‘non-controversial’ scientific methods and conclusions. We conclude that no viable justification is available to Rawls. (shrink)

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out 'incentives' for 'talented' individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns (...) of political justice, as Cohen claims. Further, I argue that it does not allow 'deep' inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes. (shrink)

This article investigates the application of Philip Pettit's concept of freedom as non-domination to the issues of educational standards and the negotiated curriculum. The article will argue that freedom as non-domination shines a critical light on governmental practice in England over the past two decades. Joshua Cohen's proposal of an ideal deliberative procedure is offered as a potential mechanism for the facilitation of debating contestations between stakeholders over the curriculum. Cohen places particular importance on the participants being ‘formally and substantively (...) equal’ in the proceedings and being able to ‘recognize one another as having deliberative capacities’. It will be argued that formal and substantive equality between children and responsible adults is highly problematic due to the ‘considerable interference’ teachers and adults have to make in children's lives. However, the article does offer examples of children's deliberative capacities on the issue of the curriculum. (shrink)

There remains a need to properly analyze the metaphysical assumptions underlying two organ procurement policies: presumed consent and organ sales. Our contention is that if one correctly understands the metaphysics of both the human body and material property, then it will turn out that while organ sales are illiberal, presumed consent is not. What we mean by illiberal includes violating rights of bodily integrity, property, or autonomy, as well as arguing for or against a policy in a manner that runs (...) afoul of Rawlsian public reason. (shrink)

I explore the usefulness of Martha Nussbaum's capabilities approach in regard to the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social and cultural rights. Implementing the CRPD will clearly be politically challenging and also very expensive for states. Thus, questions might arise as to whether the requirements set in the CRPD can be justified from an ethical perspective. (...) I will first investigate if Nussbaum's capabilities approach provides support for the rights claimed in the CRPD. Second, I will investigate to what extent Nussbaum's capabilities approach is a useful tool to set priorities among rights in the course of the implementation of the convention. This is an urgent question because seen realistically, it will not be possible to realize all rights at once and thus some rights need to receive greater priority than others. I will argue that the capabilities approach can be regarded as supporting the rights specified in the CRPD, but that it proves unable to guide the implementation process due to an insufficient grounding of the capabilities. Employing the capabilities approach thus leads to only limited results. (shrink)

Algorithmic systems are increasingly used by state agencies to inform decisions about humans. They produce scores on risks of recidivism in criminal justice, indicate the probability for a job seeker to find a job in the labor market, or calculate whether an applicant should get access to a certain university program. In this contribution, we take an interdisciplinary perspective, provide a bird’s eye view of the different key decisions that are to be taken when state actors decide to use an (...) algorithmic system, and illustrate these decisions with empirical examples from case studies. Building on these insights, we discuss the main pitfalls and promises of the use of algorithmic system by the state and focus on four levels: The most basic question whether an algorithmic system should be used at all, the regulation and governance of the system, issues of algorithm design, and, finally, questions related to the implementation of the system on the ground and the human–machine-interaction that comes with it. Based on our assessment of the advantages and challenges that arise at each of these levels, we propose a set of crucial questions to be asked when such intricate matters are addressed. (shrink)

Recent social science research indicates that animal rights philosophy plays the functional role of a religion in the lives of the most committed animal rights advocates. In this paper, I apply the functional religion thesis to the recent debate over the place of direct action animal rights advocacy in democratic theory. I outline the usefulness of the functional religion thesis and explain its implications for theorists that call for deliberative theories to be more inclusive of coercive forms of activism.

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...) article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

Previous theory and research on bounded rationality has emphasized how limited cognitive resources constrain people from making utility maximizing choices. This paper expands the concept of bounded rationality to consider how people’s rationality may be constrained by their internalization of a qualitatively distinct standard for sound judgment, which is commonly labeled reasonableness. In contrast to rationality, the standard of reasonableness provides guidance for making choices in situations that involve balancing incommensurable values and interests or reconciling conflicting points-of-view. We review recent (...) evidence showing that laypeople readily recognize the distinctions between rationality and reasonableness and thus are able to utilize these as distinct standards to inform their everyday decision-making. The fact that people appear to have internalized rationality and reasonableness as distinct standards of sound judgment supports the notion that people’s pursuit of rationality may be bounded by their determination to also be reasonable. (shrink)

Aulisio and Arora argue that the moral significance of value imposition explains the moral distinction between traditional conscientious objection and non-traditional conscientious objection. The former objects to directly performing actions, whereas the latter objects to indirectly assisting actions on the grounds that indirectly assisting makes the actor morally complicit. Examples of non-traditional conscientious objection include objections to the duty to refer. Typically, we expect physicians who object to a practice to refer, but the non-traditional conscientious objector physician refuses to refer. (...) Aulisio and Arora argue that physicians have a duty to refer because refusing to do so violates the patient’s values. While we agree with Aulisio and Arora’s conclusions, we argue value imposition cannot adequately explain the moral difference between traditional conscientious objection and non-traditional conscientious objection. Treating autonomy as the freedom to live in accordance with one’s values, as Aulisio and Arora do, is a departure from traditional liberal conceptions of autonomy and consequently fails to explain the moral difference between the two kinds of objection. We outline how a traditional liberal understanding of autonomy would help in this regard, and we make two additional arguments—one that maintains that non-traditional conscientious objection undermines society’s autonomy, and another that maintains that it undermines the physician-patient relationship—to establish why physicians have a duty to refer. (shrink)

The democratic egalitarian ideal requires that everyone should enjoy equal power over the world through voting. If it is improper to vote twice in the same election, why should it be permissible for dual citizens to vote in two different places? Several possible excuses are considered and rejected.

How should we understand the categorical distinction Aristotle draws between praxis and poesis? If this distinction gains its meaning only in a specific social and cultural context, what does this tell us about another famous Aristotelian distinction, namely, the distinction he draws between two types of justice: corrective and distributive? In particular, what is the orienting role of this distinction (and what should we make of this) in accounts of justice based on Kantian right and accounts based on Rawls’ principles (...) of justice? (shrink)

Contemporary democratic political culture prioritizes the right over the good. The right is imagined as a non-controversial, universally acceptable and non-negotiable good. The liberal politics of the right assumes the substance ontology of the disengaged, rational, autonomous subject. The alternative ontology of the engaged, embodied, cultural and historical self, which inspires the liberal politics of identity, however, conceives recognition of identity as a substantive, complete, determinate and non-negotiable right. This paper argues that the non-substance ontology of the self can, in (...) fact, stimulate a politics of the non-substantial good, which is incomplete, indeterminate and imperfect. Such a conception of the good can powerfully evoke the moral sense undergirding the good, albeit negatively, when it is put into circulation in the common discursive space of politics. In polities of radical diversity like India, the negative politics of the good is especially pertinent. (shrink)

In this issue of Philosophical Studies, Richard Arneson, Jonathan Quong and Robert Talisse contribute papers discussing The Order of Public Reason (OPR). All press what I call “agent-type challenges” to the project of OPR. In different ways they all focus on a type (or types) of moral (or sometimes not-so-moral) agent. Arneson presents a good person who is so concerned with doing the best thing she does not truly endorse social morality; Quong a bad person who rejects it and violates (...) the basic rights of others, and Talisse a morally ugly person, a hypocrite, who criticizes others for failing to do what he does not do. All suggest that OPR does not give a satisfying account of what we are to say to, or how we should act towards, such agents. In my response I highlight some core concerns of OPR, while also seeking to show that OPR does not say quite what they think it says, and it often leaves them room for saying what they would like to say about such agents. (shrink)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

*Honorable Mention for the 2024 American Association of Philosophy Teachers (AAPT) Lenssen Prize*: In recent years, ‘philosophy as a way of life’ [PWOL] courses have emerged as an exciting new pedagogical approach. I explain what a PWOL-course is. Next, I argue that the standard method for teaching such courses—what I call the ‘Smorgasbord Model’—presents us with a basic problem: viz., the challenge of how to enable students in the context of the modern university to truly experience what a PWOL even (...) is. I propose a solution to this problem by exploring a PWOL that most teachers and students alike already find themselves immersed in, what I describe as political liberalism applied to the university classroom context. I show how this overlooked fact not only offers us a novel resource for teaching PWOL-courses. It also helps philosophy teachers—in a meta-pedagogical sense—to become more self-reflective about and appreciative of our fundamental ethical commitments when teaching philosophy. (shrink)

Argues that morals and politics require on a metaphysical backing and proposes a neoclassical metaphysics.

Richard Penny argues that Rawls’s commitment to self-respect puts him at odds with his endorsement of unequalizing incentives. Penny draws on G.A. Cohen’s distinction between ‘lax’ and ‘strict’ readings of the difference principle to make this point. Given this, Penny concludes that Rawls faces a dilemma: either Rawls weakens his endorsement of unequalizing incentives or weakens his commitment to self-respect. By taking the difference principle in isolation, Penny creates a false dilemma. I will argue that once we place the difference (...) principle in the context of Rawls’s theory as a whole, we find that unequalizing incentives pose no danger to the self-respect of the least advantaged. Moreover, I will argue that a strict reading of the difference principle is incompatible with the self-respect of all citizens in a well-ordered society given the fact of reasonable pluralism. My arguments reveal the importance of seeing self-respect as a threshold good, rather than a relative one. (shrink)

Originally published as L'Islam et l'occident, 2006. Translated by Teresa Lavender Fagan. Chicago: University of Chicago Press, 2008. xxii + 114 pp. Hardback, $19.99.

Interreligious dialogue and conversion are two contentious foci for understanding how religion operates. An interpretation of George Lindbeck serves as a starting point for discussion in this paper. The dominant reading is that Lindbeck claims that traditions absorb the world. Religious traditions are isolated, and the one with a greater capacity to assimilate others’ concerns emerges the strongest – implying what is called exclusivism. My proposal is that a different reading of Lindbeck is possible; I am not so much questioning (...) Lindbeck as highlighting another aspect of his oeuvre. If grammar, framework and structure – and not propositional first-order ontological contents – are given first place, dialogue and conversion appear differently. Questions must be raised, however; isn't it true that there is always some content and substance – even if hidden or disguised? (shrink)

This paper argues for the legalization of vote markets. I contend that the state should not prohibit the sale of votes under certain institutional conditions. Jason Brennan has recently argued for the moral permissibility of vote selling; yet, thus far, no philosopher has argued for the legal permissibility of vote selling. I begin by giving four prima facie reasons in favour of legalizing vote markets. First, vote markets benefit both buyers and sellers. Second, citizens already enjoy significant discretion in their (...) use of their vote, including the ability to use their vote in ways antithetical to justice and the public interest. Third, vote markets are relevantly similar to other democratic practices that are legally permissible. Fourth, vote markets enable elections to better reflect the intensity of citizens’ preferences. Next, I reply to two counter-arguments. The first contends that vote markets will increase the political power of the wealthy; the second contends that votes must be used in the serv.. (shrink)

How should we understand the familiar demand that journalists ‘be objective’? One possibility is that journalists are under an obligation to report only the facts of the matter. However, facts need to be interpreted, selected, and communicated. How can this be done objectively? This paper aims to explain the concept of journalistic objectivity in methodological terms. Specifically, I will argue that the ideal of journalistic objectivity should be recast as a commitment to John Rawls’s conception of public reason. Journalism plays (...) a vital role in the operation of all modern liberal democracies, functioning as the public watchdog, the fourth estate, or the conduit through which vital information flows to the citizenry. Journalism is, therefore, an institution that is best understood as part of the basic structure of society. In Political Liberalism, Rawls explicitly excludes media of any kind from the demands of public reason because he doesn’t think that they play a political role that is important enough to bring them under the official auspices of public reason. I will argue that overlooking the political significance of journalism is a mistake, but one that can be corrected while keeping within the spirit and most important elements of his theory. This revision will widen the scope for what counts as journalism beyond traditional outlets and forms of media but will impose the demands of public reason on anyone who intends to participate in the institution. (shrink)

Agonism is a political theory that places contestation at the heart of politics. Agonistic theorists charge liberal theory with a depoliticization of pluralism through an excessive focus on consensus. This paper examines the agonistic critiques of liberalism from a normative perspective. I argue that by itself the argument from pluralism is not sufficient to support an agonistic account of politics, but points to further normative commitments. Analyzing the work of Mouffe, Honig, Connolly, and Owen, I identify two normative currents of (...) agonistic theory: emancipatory agonism, aimed at challenging violence and exclusion, and perfectionist agonism, aimed at the cultivation of nobility. From a normative perspective the former presents an internal challenge to liberalism, while the latter constitutes an external challenge to liberalism by providing a competing account of the ends of politics. Recognition of the distinction between emancipatory and perfectionist agonism is crucial in assessing the purchase of agonistic critiques of liberalism. Furthermore, this analysis draws us beyond the simple opposition between contestation and consensus. It is not simply a question of valuing genuine pluralism and therefore criticizing consensus; rather the question comes to be: what are the ends of politics? (shrink)

Cristina Lafont’s Democracy Without Shortcuts enriches the discussion of deliberative democracy with new insights. After discussing her three objections against Waldron’s denunciation of judicial review as antidemocratic, the main flaw of Waldron’s thesis is argued to remain out of focus. The constitution is understood by him as owned by the living citizens, in a pattern of serial sovereignty that raises three problems: the ‘wanton republic’; the under-individuation of the polity; generational inequality. The answer to Lafont’s question ‘Can We Own the (...) Constitution?’ is then argued to be that only ‘we the people’, including past, present and future ‘free and equal’ generations, own the constitution. The living citizens are the segment of ‘the people’ endowed with agency, have a voice, can modify the inherited political scheme, but cannot legitimately disfigure it, under penalty of destroying the regulatory function of the constitution. (shrink)

This paper engages with Ferrajoli’s contribution to the philosophical debate on constitutional democracy and in particular his conception of ‘structural entrenchment’, or the basis upon which one can defend the normativity of the Constitution as ‘higher law’, which can trump or limit legislation, without infringing democratic principles. Ferrajoli’s own understanding of ‘structural entrenchment’ is compared to Rawls’s and Dworkin’s arguments in support of it. Ferrajoli’s position is neither grounded on a philosophy of history, as in Rawls, nor on a version (...) of moral realism, as for Dworkin, but on a formal understanding of the nature of fundamental rights, and in a conception of democratic sovereignty as ‘joint ownership.’. (shrink)

The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a rereading of (...) democratic constitutionalism from the classical dichotomy between normativism and realism in political theory. The focus will be set on three key issues: 1. Richard Bellamy’s constitutional theory in a realist perspective; 2. An insight of legal constitutionalism under a normative banner; 3. A brief conclusion in which the risks of a majoritarian and populist constitutionalism will be discussed. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

What should be the aim of LGBT-inclusive, state-mandated curricula in liberal, pluralist societies? In this article, I identify two distinct aims that such curricula might have. The first, LGBT Respect, aims to teach that LGBT individuals have equal political status and rights. The second, LGBT Approval, aims to teach a positive attitude towards LGBT relationships, including that there is nothing wrongful about these forms of relationship. I examine what arguments in favour of these different aims are available to the liberal (...) concerned with accommodating pluralism. To capture this concern, I adopt political liberalism's strict standard for legitimate political interventions that these must have justifications that all reasonable citizens can accept. This initially seems to recommend curricula that aim at LGBT Respect but stop short of LGBT Approval. Can the political liberal go any further? I propose and critically discuss the most promising arguments in favour of LGBT Approval, including the need to prevent harm to children, ensure political equality, and secure the social conditions needed for the development of the primary good of self-respect. I tentatively conclude that there exists a cumulative case for state-mandated curricula aiming at LGBT Approval, at least in the contingent, nonideal circumstances that currently obtain. (shrink)

Should religious reasons be used in political discourse? Habermas argues that religious reasons can enter the public sphere so long as they undergo a translation that meets the standards of public reason. I argue that such a translation may be either unnecessary or impossible. Habermas does not sufficiently consider the possibility that religious reasons are already publicly accessible such that no translation is required. Moreover, Habermas entirely fails to consider the possibility that, if he is right about religious reasons not (...) being publicly accessible, these reasons may be of a kind such that they cannot be translated into a publicly accessible idiom as he supposes they can be. (shrink)

This paper examines the claims in the debate on cognitive enhancement in neuroethics that society wide pressure to enhance can be expected in the near future. The author uses rational choice modeling to test these claims and proceeds with the analysis of proposed types of solutions. The discourage use, laissez-faire and prohibition types of policy are scrutinized for effectiveness, legitimacy and associated costs. Special attention is given to the moderately liberal discourage use policy (and the gate-keeper and taxation approaches within (...) this framework), as many authors presuppose that this type of policy would best serve public interest. Different more or less articulated models in the taxation approach (Tobacco regulation analogy, Coffee-shop system, Regulatory Authority for Cognitive Enhancements and Economic Disincentives Model) are analyzed from the point of view of justificatory liberalism. The author concludes that prohibition and laissez-faire types of policy would neither be effective nor justified. A moderately liberal public policy shows more promise, but not all approaches within this type of policy would be legitimate and effective. The “gate-keeper” approach and related models could not be justified whereas approach based on taxation with suitable models might be legitimate and effective. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)