In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

This article takes a close look at the discussion of singularity in Jean-Luc Nancy’s Inoperative Community and Being Singular Plural with the aim to comment on subject-object dichotomy and create a new context for its relationship with resistance. The philosophy of singularity is critical of humanism and the individualist model of subjectivity it advocates. By placing a challenging scenario of antihumanism against the humanist sense of responsibility, the philosophy of singularity questions whether it is possible to do philosophy without saying (...) ‘I’. This antihumanist stance, which replaces the ‘I’/‘other’ differentiation with Nancy’s ‘the other of another,’ chooses to strengthen the link between ontology and resistance in the notion of coexistence; beyond traditional hypotheses on immanence and transcendence. To discuss the merits and limits of this coexistence, the article digs under the notion of individualistic subjectivity and proceeds to ground Nancy’s ‘ekstasis’ on the Freudian theory of drives. Against this theoretical background, the values of modesty and responsibility come to formulate an alternative moral consciousness, which no longer relies on the humanist jargon to work toward the common ground between 'I' and 'we'. (shrink)

Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...) a legally organized basic institutional structure. While most public reason liberals seem to presuppose that the meaning of “coercion” is sufficiently obvious so as not to warrant further analysis, my defense of the essay’s main thesis explicitly draws on an account of coercion as a powerful agent’s employment of enforceable constraints to determine the will of another agent. (shrink)

Difficult questions regarding the so-called limits of toleration or accommodation are inevitable in today’s diverse, immigration societies. Such questions cannot be satisfactorily answered through simple assertions of the majority’s will or by retreating to a defense of ‘core liberal values.’ Rather, dealing with the challenges of diversity in a manner consistent with liberal-democratic principles requires that decision-making concerning the terms of collective life be informed by sincere and respectful deliberation. But how and where do we go about engaging in such (...) deliberation? This essay suggests that the courts seem to offer an arena that is more conducive than other traditional democratic institutions in terms of enabling the type of dialogue and analysis essential to realizing meaningful deliberation. Paradoxically, then, the judicialization of politics can be understood to be an ally, not an enemy, of meaningful deliberation in diverse democracies. (shrink)

Toleration is one of many responses toward diversity and difference. With the growing diversity, the theme of toleration has often taken center stage in discussions of multiculturalism and social pluralism. Nonetheless, it has not received much attention in the social work profession. Social workers often encounter situations in which they face a choice between tolerating and not tolerating. We argue that toleration is a legitimate and relevant topic in social work discourse. To make this point, first, this paper discusses different (...) conceptions of toleration. Then, it demonstrates its relevance to social work and explores a potential benefit of including the idea of toleration in social work discourse. Social work code of ethics implicitly supports toleration, or at least respect-toleration and esteem-toleration. Incorporating toleration in social work discourse may help social workers to better cope with or reduce ethical stress and disjuncture. (shrink)

This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties.

This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...) and clarifying some of its most distinctive features. Next, I focus on Martha Nussbaum's version of the approach, and identify several problems therein. The most important concerns epistemology, and especially the challenges that constructivist theories pose. The middle part of the Thesis presents an alternative, based on the work of John McDowell, which I argue has superior prospects. Then, I turn to two further problems: that of making sense of the universalistic aspirations of cosmopolitanism, and that of integrating the microscopic prescriptions of ethics with the macroscopic analyses of political philosophy. Using the Aristotelian interpretation of its core framework that I have developed, I conclude that the capability approach can provide compelling answers to important questions about global justice. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

In this dissertation I explore the conceptual relationship between equality and resistance in political philosophy. Through examination of the work of Jean-Jacques Rousseau, Karl Marx, John Dewey, and Jacques Rancière, I formulate a position called Fractured Social Holism. This is a problematic that attempts to articulate core issues at stake in the debates surrounding the purposes, meanings, and possibilities for politics. Through Fractured Social Holism I articulate a theory of equality that emphasizes the communities upon which societys institutions intend to (...) distribute equality, arguing that resistance on the part of a populationgroup opposition, formal or informal, to some element of the societal status quoconceptually grounds equality and its distribution by articulating its very possibilities. My central questionHow is equality constituted?focuses on the community itself in order to shift agency from institutions that distribute equality to those who demand it. It emphasizes the active role of the people in the constitution of a community of equals, as well as the fact that the very notion of the people is what is at stake in that constitution; popular resistance challenges the very meaning and content of any given people. I understand equality in the broadest possible sense, in terms of the opportunity of each and all within society to participate in dictating the terms of their public engagement with that society and with others within it. I argue for the possibility of resistance within egalitarian community in Rousseau, the limits of what that resistance in egalitarian society looks like in Marx, how egalitarian communities can organize themselves in Dewey, and how subjectivity relates to mechanisms of resistance and political action within society in Rancière. These historical interpretations and the conceptual framework they engender provide a novel means of thinking about issues of paramount importance in contemporary political philosophy, including pluralism, oppression and domination, and the purposes and meaning of politics, remaining true to a normative vision of equality while insisting on the necessity of the peoples resistance to the status quo in the name of a re-imagined vision of social harmony. (shrink)

This article aims to question the anti-individualist stance in Carl Schmitt's concept of the political by uncovering the historical bias of Schmitt's anti-individualism, seen here as one of the main driving forces behind his argument. For Schmitt, the political can take place only when a collectivity is able to declare war to another collectivity on the basis of feeling existentially threatened by the latter. As such, Schmitt's framework implies the inescapable possibility of war, as the condition which makes possible the (...) political. Acknowledging the previous criticisms of Schmitt raised by John Rawls and Iris Marion Young, this article takes a different path by pointing to certain historically tacit assumptions in 1927 Germany which Schmitt took for granted, but which are not suitable for a contemporary political theory. The demonstration is done first by showing how the structure of interruption functions in the works of Schmitt, then showing how he conceives of the individual as a possible interruption of the political in history, and then placing this structure of interruption in the historical context of Schmitt's writing. (shrink)