Starting from the ‘Dewey Lectures’, Rawls presents his conception of justice within a contextualist framework, as an elaboration of the basic ideas embedded in the political culture of liberal-democratic societies. But how are these basic ideas to be justified? In this article, I reconstruct and criticize Rawls’s strategy to answer this question. I explore an alternative strategy, consisting of a genealogical argument of a pragmatic kind – the kind of argument provided by authors like Bernard Williams, Edward Craig and Miranda (...) Fricker. I outline this genealogical argument drawing on Rawls’s reconstruction of the origins of liberalism. Then, I clarify the conditions under which this kind of argument maintains vindicatory power. I claim that the argument satisfies these conditions and that pragmatic genealogy can thus partially vindicate the basic ideas of liberal-democratic societies. (shrink)

Environmental ethicists have been arguing for decades that swift action to protect our natural environment is morally paramount, and that our concern for the environment should go beyond its importance for human welfare. It might be thought that the widespread acceptance of moral anti-realism would undermine the aims of environmental ethicists. One reason is that recent empirical studies purport to show that moral realists are more likely to act on the basis of their ethical convictions than anti-realists. In addition, it (...) is sometimes argued that only moral realists can countenance the claim that nature is intrinsically valuable. Against this, we argue that the acceptance of moral anti-realism is no threat to the environmentalist cause. We argue, further, that the acceptance of moral realism is potentially an obstacle to delivering on a third core environmental ethicist demand: namely, that successful action on climate change and environmental destruction requires us to change some of our commonly-held ethical views and to achieve a workable consensus. (shrink)

Much contemporary egalitarian theorizing is broadly divided between luck egalitarians, such as G. A. Cohen, Richard Arneson, and John Roemer, and relational egalitarians, such as John Rawls, Samuel Scheffler, Josh Cohen, and me. The two camps disagree about how to conceive of equality: as an equal distribution of non-relational goods among individuals, or as a kind of social relation between persons - an equality of authority, status, or standing.This disagreement generates a second, about when unequal distributions of non-relational goods are (...) unjust. Luck egalitarians claim that inequality is unjust when it is accidental: when it is caused by morally arbitrary factors such as circumstances of birth. Relational egalitarians claim that inequality is unjust when it disadvantages people: when it reflects, embodies, or causes inequality of authority, status, or standing. (shrink)

The practice-dependent approach to justice has received a lot of attention in post-millennium political philosophy. It has been developed in different directions and its normative implications have been criticized, but little attention has been directed to the very distinction between practice-dependence and practice-independence and the question of what theoretically differentiates a practice-dependent account from mainstream practice-independent accounts. The core premises of the practice-dependent approach, proponents argue, are meta-normative and methodological. A key feature is the presumption that a concept of justice (...) is dependent on the function or aim of the social practices to which it is supposed to be applied. Closely related to this meta-normative thesis is an interpretive methodology for deriving principles of justice from facts about existing practices, in particular regarding their point and purpose. These two premises, practice-dependent theorists claim, differentiate their account since they are not accepted by practice-independent accounts and they justify different principles of justice than practice-independent accounts. Our aim in this article is to refute both and, demonstrating that practice-independent accounts may indeed accept the meta-normative and methodological premises of the practice-dependent accounts, and that we are given no theoretical reason to think that practice-dependent accounts justify other principles of justice for a practice than do practice-independent accounts. In other words, practice-dependent theorists have not substantiated their claim that practice-dependence is theoretically differentiated from mainstream accounts. When practice-dependent proponents argue for other principles of justice than mainstream theorists, it will be for the usual reason in normative theory: their first-order normative arguments differ. (shrink)

I want to examine critically a certain strategy of moral justification which I shall call instrumentalism. By this I mean the view that a moral theory is rationally justified if the actions, life-plan, or set of social arrangements it prescribes can be shown to be the best means to the achievement of an agent's final ends, whatever these may be. Instrumentalism presupposes a commitment to what I shall call the Humean conception of the self. By this I mean a certain (...) way of conceiving the motivational and structural constituents of the self. Briefly, the self on this conception is motivated by its desires for states of affairs that are temporally or spatiotemporally external to the self. And it is structured by the normative requirements of instrumental rationality: The self is conceived as rationally coherent to the extent that theoretical reason calculates and schedules the satisfaction of as many of its desires as possible, with the minimum necessary costs. The motivational and structural elements of the Humean conception of the self combine to form a familiar explanatory model of human agency: We make sense of an agent's behavior by ascribing to her the desire to achieve the ends that she does in fact achieve, and the theoretically rational belief that, given the information and resources available to her, behaving as she did was the most efficient way to do so. I shall want to argue that to the extent that instrumentalism is successful in providing an objective justification of a moral theory - and I shall contend that it cannot be completely successful - it cannot provide a moral justification. But when we attempt to modify it so as to produce a specifically moral justification, we see that either it is impossible to do this, or else the Humean notion of instrumental rationality is doing no justificatory work. (shrink)

The relationship between ethics and science has been discussed within the framework of continuity versus discontinuity theories, each of which can take several forms. Continuity theorists claim that ethics is a science or at least that it has deep similarities with the modus operandi of science. Discontinuity theorists reject such equivalency, while at the same time many of them claim that ethics does deal with objective truths and universalizable statements, just not in the same sense as science does. I propose (...) here a third view of quasi-continuity (or, equivalently, quasi-discontinuity) that integrates ethics and science as equal partners toward the uncovering of new knowledge. In this third way, a program envisioned by William James but made practicable only by contemporary scientific advancement, science can and must inform ethics at a deep level, and ethical theory— while going beyond science—cannot do without it. In particular, I identify four areas of ethics-science collaboration: neurobiological research into the basis of moral judgment, comparative anthropol- ogy, comparative evolutionary biology of primates, and game-theo- retical modeling. I provide examples within each of these fields to show how they link to ethical theories (including prescriptive work) and questions. The essay concludes with a brief discussion of the light that a scientifically informed ethics can shed on some classical problems in moral theory, such as the relationships between rational- ity and selfishness, egoism and altruism, as well as the concept of social contract. A joint research program involving both philosophers and scientists is called for if we wish to move ethical theory into the twenty-first century. (shrink)

The Humean conception of the self consists in the belief-desire model of motivation and the utility-maximizing model of rationality. This conception has dominated Western thought in philosophy and the social sciences ever since Hobbes’ initial formulation in Leviathan and Hume’s elaboration in the Treatise of Human Nature. Bentham, Freud, Ramsey, Skinner, Allais, von Neumann and Morgenstern and others have added further refinements that have brought it to a high degree of formal sophistication. Late twentieth century moral philosophers such as Rawls, (...) Brandt, Frankfurt, Nagel and Williams have taken it for granted, and have made use of it to supply metaethical foundations for a wide variety of normative moral theories. But the Humean conception of the self also leads to seemingly insoluble problems about moral motivation, rational final ends, and moral justification. Can it be made to work? (shrink)

An authoritative directive, when it has legitimacy, is a reason to exclude from consideration some of the reasons to act and not to act in this way. One is obliged to obey, even when one disagrees with the directive. Therefore, authority demands deference regarding how one acts, although one is free to think what one likes about that action. How can deference of this kind be compatible with freedom and rationality? That is the so-called moral problem of authority. For some, (...) authority has legitimacy in a deliberative democracy because deference to its rules better meets the demands of freedom and rationality. As I hope to show here, this line of thought does not give an adequate account of authority. If a directive is legitimate only if it has a certain content, as deliberative democrats are saying, one does not defer to but rather merely complies with such a directive. (shrink)

The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer to it here, the grounds of (...) political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy. (shrink)

Recently, British Prime Minister Theresa May made a bold anti-cosmopolitan claim: ‘If you believe you are a citizen of the world, you are a citizen of nowhere. You don’t understand what citizenship...

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

Does modern evolutionary theory (specifically Darwinism) pose a problem for the Christian's thinking about morality? It certainly poses threats for those who would argue that certain practices are wrong because they are “unnatural.” Liberal Christians can probably get around these questions. But at a deeper level, despite superficial similarities between its conclusions and the Love Commandment, Darwinism points to an essential relativism about morality, thereby striking at the very core of all Christian thought on moral behavior. Thus, those who are (...) worried about the clash between science and religion have good reasons for their worries. (shrink)

The paper clarifies what is at stake in the theory/antitheory debate in ethics and articulates the distinctive core of the method of reflective equilibrium which distinguishes it from a generic coherence constraint. I call this distinctive core 'maieutic reflection'. The paper then argues that if she accepts constructivist views in metaethics, a proponent of the method of reflective equilibrium will be committed to the existence of a moral theory.

The paper comprehensively responds to critical comments by F. Michelman, D. Rasmussen, J. van der Walt, S. Winter, P. Niesen, and B. Schupmann on Sovereignty Across Generations. Constituent Power and Political Liberalism. The themes debated include: whether Rawls’s dualist view of democracy, including his idea of legitimation by constitution, intimates or calls for a concretistic view of a subject of constituent power as creator of the constitutional order (Michelman); the relation of the normative to the historical in political liberalism and (...) whether Plato’s allegory of the cave is helpful for elucidating the meaning of the ‘most reasonable for us’ (Rasmussen); Rawls’s stance vis-à-vis the unbridgeable divisiveness of pluralism, the virtuality of overlapping consensus, and the dissolution of constituent power into a panoply of constituent powers (Van der Walt); democratic sequential sovereignty contrasted with serial sovereignty, the sensibleness of distinguishing legal principles from the cognitive assumptions undergirding their application, the justification of sequential sovereignty, and the nexus of vertical reciprocity and freedom across generations (Winter); the implications of the gap between ‘the people’ and the population for constitutional legitimacy, and the distinct prospects for a Habermasian and a political liberal conception of constituent power to be applicable at a supranational level (Niesen); the cogency and effectiveness of ‘implicit unamendability’ for safeguarding constitutional essentials compared with entrenching them via eternity clauses, the extent to which measures of militant democracy are compatible with political liberalism (Schupmann). (shrink)

Many people think that if you're uncertain about which moral theory is correct, you ought to maximize the expected choice-worthiness of your actions. This idea presupposes that the strengths of our moral reasons are comparable across theories – for instance, that our reasons to create new people, according to total utilitarianism, can be stronger than our reasons to benefit an existing person, according to a person-affecting view. But how can we make sense of such comparisons? In this article, I introduce (...) a constructivist account of intertheoretic comparisons. On this account, such comparisons don't hold independently of facts about morally uncertain agents. They're simply the result of an ideal deliberation in terms of certain epistemic norms about what you ought to do in light of your uncertainty. If I'm right, this account is metaphysically more parsimonious than some existing proposals, and yet has plausible and strong implications. (shrink)

The aim of this essay is to reflect on the Millian, utilitarian argument from truth that is held as one of the most conspicuous answers to the question Why tolerate? This argument postulates that only in a free market of ideas may the truth be discovered. Even the most unpopular idea may contain some truth in it and may contribute to the advancement of knowledge. It further commands us to contest those opinions which are believed to be true vigorously and (...) earnestly to explore some further truth, and to acknowledge their false aspects. The results of free exchange of opinions will either confirm our idea, or bring some doubt to our attention, to cast accounts and maybe change our opinion, at least to some extent. After reflecting on some of the common arguments that are frequently mentioned in this connection, I discuss Mill's formulation of the Truth Principle as it came into expression in his writings. Here I reflect on his article "Law of Libel and Liberty of the Press" which did not receive adequate attention by scholars. I show that it is difficult to reconcile what Mill had to say in this article with what he later said in On Liberty. I further maintain that the Millian view of truth as superior to all other social values might endanger the very ground which the Truth Principle is intended to safeguard, i.e., tolerance. The holding of truth as the most important value might result in harming individuals, and in generating an atmosphere of intolerance. (shrink)

Evolutionary ethics, the idea that the evolutionary process contains the basis for a full and adequate understanding of human moral nature, is an old and disreputable notion. It was popularized in the 19th century by the English general man of science, Herbert Spencer, who began advocating an evolutionary approach to ethical understanding, even before Charles Darwin published hisOrigin of Speciesin 1859 (Spencer 1857, 1892). Although it was never regarded with much enthusiasm by professional philosophers, thanks to Spencer’s advocacy the evolutionary (...) approach to ethics soon gained wide popularity, both in Britain and towards the end of the century, even more in the United States of America (Ruse 1986; Russett 1976). It became transformed into a whole sociopolitical doctrine, known somewhat inaccurately as ‘Social Darwinism.’ (Scholars have long debated as to whether Darwin himself was truly a Social Darwinian, and the answer seems to depend on which of his works you read. If you look at theOrigin of Species, he certainly is not. On the other hand, if you look at theDescent of Man, there are good reasons for thinking that he was not unsympathetic to the idea. (shrink)

As persons, beings with a capacity for autonomy, we face a certain practical task in living out our lives. At any given period we find ourselves with many desires or preferences, yet we have limited resources, and so we cannot satisfy them all. Our limited resources include insufficient economic means, of course; few of us have either the funds or the material provisions to obtain or pursue all that we might like. More significantly, though, we are limited to a single (...) life and one of finite duration. We also age, and pursuits that were possible at earlier points within a life may become impossible at later stages; we thus encounter not only an ultimate time limit but episodic limits as well. Because we must live our lives with limited resources—material and temporal—we are pressed to choose among and to order our preferences. Without some selection and ordering, few if any of them would be satisfied, and we would be unable to live lives that are recognizably good at all. Moreover, we would be unable to function well as the autonomous beings that we are. Our practical task then is to form a coherent, stable, and attractive ordering of aims—to develop a conception of our good. (shrink)

This essay argues that many modern discussions of Locke's political theory are unconsciously shaped by an imaginative picture of the world inherited from the past, on which authority and freedom are fundamentally antipathetic. The consequences of this picture may be seen in the distinction made customarily in Locke studies between the 'authoritarian' Locke of Two Tracts on Government, for whom authority descends from God, and the later, 'liberal,' Locke, for whom authority arises from the will and agreement of individuals, and (...) felt in the emphases placed on consent and resistance in most interpretations of Lockean political thought. The essay examines the composition and contours of this picture and, by holding up a mirror to contemporary Locke scholarship, draws attention to some of the ways in which it unwittingly distorts Locke's thinking. (shrink)

It is often argued that Michael Walzer’s theory of social criticism, which underpins his theory of justice, is not much of a theory at all, but rather an impressionistic collection of historical anecdotes. Contrary to this perception, I argue that Walzer’s method can be accurately described as a version of John Rawls’ well-known method of wide reflective equilibrium. Through a systematic comparison it can be shown that the two methods are strikingly similar. This implies that, far from the critics’ claim, (...) Walzer’s method can be described as a philosophically sophisticated method. This also adds credibility to Walzer’s views on politics and justice. (shrink)

A political challenge facing constitutional democracies in Africa is the lack of adequate representation and participation of citizens in democratic processes and institutions. This challenge is manifest in the vesting of power solely in, and the exercise of this power by, a sectional group – the majority party – to the exclusion of others; as evinced in the liberal democratic systems extensively practised on the continent. Wiredu proposes as a solution to these challenges the adoption of consensual democracy; an indigenous, (...) non-party democratic system rooted in the traditional African humanist and communitarian conceptions of the individual and the community, in which political decisions are characteristically reached by consensus. In this article, I present a critical exposition of Wiredu’s consensual democracy and defend it against liberal democracy on the one hand, and criticisms levelled against it on the other hand. I also offer some modifications to Wiredu’s theory in a bid to render it more suitable for practice in Africa. (shrink)

Le concept au centre du dernier ouvrage d'Otfried Höffe publié en français est celui d'impératif catégorique juridique. Höffe souhaite, en effet, approfondir son apologie des principes juridiques catégoriques déjà developpée dans son précédent ouvrage Lajustice politiqueen éclaircissant ses sources kantiennes. Alors que dans l'ouvrage de 1991 la figure tutélaire de Kant était restée en retrait, Höffe a voulu expliciter son rapport à Kant ét montrer la façon dont la réflexion contemporaine sur le droit et le politique devrait elle-même se dire (...) kantienne. (shrink)

My aim in this article is to investigate the epistemic dimension of reasonableness. In the last decades, the concept of reasonableness has been deeply analysed, and yet, I maintain that a strictly epistemic analysis of reasonableness is still lacking. The goal of this article is to clarify which epistemic features characterize reasonableness as one of the fundamental virtues in the political domain. In order to justify political liberalism through a public justification that averts the risk of falling into a dilemma, (...) it is important to establish in advance which are the epistemic constraints that should be respected. My proposal is that a moderate approach in moral epistemology expresses the best scheme available to us – as moral agents constrained by the limit of our rationality – for establishing a normatively binding, and yet realistic, procedure of justification for political institutions and practices. (shrink)

This paper sees Charles Taylor's moral discourse as a version of liberal communitarianism, an attempt to reconcile liberalism and communitarianism, by examining his three transcendental arguments: the liberal transcendence from the parochial to the universal; the communi tarian transcendence from the instinctual to the ontological; and the theistic transcendence from the good to God. While this liberal communi tarianism absorbs some great insights from both liberalism and communi tarianism and overcomes some of their respective weaknesses, it fails to avoid their (...) common dichotomy of the good and the right because Taylor's fundamentally communitarian commitment leads him to believe that there must be a universal ontological (religious or metaphysical) idea of the good as the foundation for any needed universal social and political idea of the right. (shrink)

(1997). Wittgenstein and post‐analytic philosophy of education: Rorty or Lyotard? Educational Philosophy and Theory: Vol. 29, No. 2, pp. 1-32. doi: 10.1111/j.1469-5812.1997.tb00018.x.

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

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper develops this practice-based (...) conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

ABSTRACT:Many ethicists argue that contract theory offers the most promising strategy for regulating risks. I challenge the adequacy of the contractualist approach for evaluating the complicated, novel risks associated with some structured financial products, particularly focusing on risks to third parties. Structured financial products like collateralized debt obligations (CDOs) divide a pool of financial assets into risk “tranches” organized from least to most risky. Investors purchase various tranches based on their individual risk-and-return preferences. Whereas contract theory holds that investment risks (...) are ethically permitted (roughly) when everyone—including both parties directly involved in the investments and third parties—consents to them, structured financial products like CDOs show that even risks to which everyone consents are ethically problematic when they involve systemic risks of ruin. (shrink)