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The domain of the political and overlapping consensus

In Derek Matravers & Jonathan Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University (2002)

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  1. Epistemic Norms for Public Political Arguments.Christoph Lumer - 2024 - Argumentation 38 (1):63-83.
    The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...)
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  • The twilight of the Liberal Social Contract? On the Reception of Rawlsian Political Liberalism.Enzo Rossi - 2019 - In Kelly Becker & Iain D. Thomson (eds.), The Cambridge History of Philosophy, 1945–2015. New York, NY, USA: Cambridge University Press.
    This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...)
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  • What the Liberal State Should Tolerate Within Its Borders.Andrew Jason Cohen - 2007 - Canadian Journal of Philosophy 37 (4):479-513.
    Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...)
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  • Talking about rights: Discourse ethics and the protection of rights.Simone Chambers - 1993 - Journal of Political Philosophy 1 (3):229–249.
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  • Deliberative democracy and the problem of tacit knowledge.Jonathan Benson - 2019 - Politics, Philosophy and Economics 18 (1):76-97.
    This article defends deliberative democracy against the problem of tacit knowledge. It has been argued that deliberative democracy gives a privileged position to linguistic communication and therefore excludes tacit forms of knowledge which cannot be expressed propositionally. This article shows how the exclusion of such knowledge presents important challenges to both proceduralist and epistemic conceptions of deliberative democracy, and how it has been taken by some to favour markets over democratic institutions. After pointing to the limitations of market alternatives, deliberative (...)
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  • Homenaje póstumo a John Rawls.Juan Carlos Alútiz - 2004 - Isegoría 31:5-45.
    El presente artículo trata de ofrecer una visión panorámica de la obra de John Rawls, describiendo la evolución de su pensamiento desde su inicial y original propuesta de «Justicia como equidad», hasta sus últimas aportaciones en tomo al Liberalismo político.
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  • Reassessing Walzer’s social criticism.Marcus Agnafors - 2012 - Philosophy and Social Criticism 38 (9):917-937.
    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, (...)
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  • Aristotle's Politics Today.Lenn Evan Goodman & Robert B. Talisse (eds.) - 2007 - State University of New York Press.
    _Examines the implications of Aristotle’s political thought for contemporary political theory._.
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  • Deliberative Rhetoric: Arguing about Doing.Christian Kock (ed.) - 2017 - Windsor: University of Windsor.
    Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.
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  • Rawls and Ricoeur: Converging notions of empowerment to justice.Peter van Schilfgaarde - 2009 - Res Publica 15 (2):121-136.
    Empowerment is a key word in Catherine Audard’s new book on Rawls and a central characteristic of Rawls’ approach to justice. A very different “hermeneutic” approach to justice is presented by Paul Ricoeur, the French philosopher and theologian who, against the background of his own work, examined Rawls’ views in several publications. This essay compares the two views and defends the proposition that empowerment is the common denominator. The author suggests that Rawls would not have objected to including some of (...)
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  • The global community, religion, and education: the modernity of Dewey’s social philosophy. [REVIEW]Daniel Tröhler - 2000 - Studies in Philosophy and Education 19 (1):159-186.
    As a starting point this paper takes Dewey's nowadays oftenstressed modernity and examines his social philosophy againstthe background of the current debates on republicanism andcommunitarianism. Particularly, the anaysis of Dewey's The Public and its Problem (1927) concludesthat the attention being paid to Dewey is problematic asspecific religious assumptions – explicitly developedin A Common Faith (1934) – lie in the backgroundof his social philosophy, and are hardly being recognized.However, as it shall be shown, without considering thereligious basis, neither Dewey's social philosophy (...)
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  • The global community, religion, and education: the modernity of Dewey’s social philosophy.Daniel Tröhler - 2000 - Studies in Philosophy and Education 19 (1):159-186.
    As a starting point this paper takes Dewey’s nowadays often stressed modernity and examines his social philosophy against the background of the current debates on republicanism and communitarianism. Particularly, the anaysis of Dewey’sThe Public and its Problem concludes that the attention being paid to Dewey is problematic as specific religious assumptions — explicitly developed inA Common Faith -lie in the background of his social philosophy, and are hardly being recognized. However, as it shall be shown, without considering the religious basis, (...)
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  • The promise of contractualism in tort law.Jean Thomas - 2019 - Jurisprudence 10 (3):408-421.
    Volume 10, Issue 3, September 2019, Page 408-421.
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  • Rawls on pluralism and stability.Robert B. Talisse - 2003 - Critical Review: A Journal of Politics and Society 15 (1-2):173-194.
    Rawls ‘s political liberalism abandons the traditional political‐theory objective of providing a philosophical account of liberal democracy. However, Rawls also aims for a liberal political order endorsed by citizens on grounds deeper than what he calls a “modus vivendi” compromise; he contends that a liberal political order based upon a modus vivendi is unstable. The aspiration for a pluralist and “freestanding” liberalism is at odds with the goal of a liberalism endorsed as something deeper than a modus vivendi compromise among (...)
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  • Liberalism, Skepticism, and Neutrality: Making Do Without Doubt. [REVIEW]Steve Scalet - 2000 - Journal of Value Inquiry 34 (2/3):207-225.
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  • Political deliberation and the challenge of bounded rationality.Andrew F. Smith - 2014 - Politics, Philosophy and Economics 13 (3):269-291.
    Many proponents of deliberative democracy expect reasonable citizens to engage in rational argumentation. However, this expectation runs up against findings by behavioral economists and social psychologists revealing the extent to which normal cognitive functions are influenced by bounded rationality. Individuals regularly utilize an array of biases in the process of making decisions, which inhibits our argumentative capacities by adversely affecting our ability and willingness to be self-critical and to give due consideration to others’ interests. Although these biases cannot be overcome, (...)
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  • Liberal Values, Group Rights, and Multicultural Education.Basil R. Singh - 1998 - Paideusis: Journal of the Canadian Philosophy of Education Society 12 (1):37-47.
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  • Sattumuslikkus, hegemoonia ning õiglus: John Rawls ja radikaalne demokraatia.Peeter Selg - 2010 - Studia Philosophica Estonica 3 (1):39-72.
    Artikkel käsitleb kriitiliselt üht viimaste kümnendite vastandust poliitilises filosoofias — ‘poliitilise liberalismi’ (Rawls) ja ‘radikaalse demokraatia’ (Laclau ja Mouffe) vahel. Artikkel püüab käivitada potentsiaalset dialoogi nende kahe näiliselt lahkneva lähenemise vahel. Kokkuvõttes näitab artikkel, et vastandus on möödarääkimine vähemalt ühes fundamentaalses mõttes: mõlemad lähenemised jagavad ühiskonnastmõtlemisel sama aluseetost. Artiklis nimetatakse seda ‘sattumuslikkuse eetoseks’ ning väidetakse, et see on kõige fundamentaalsem alusveendumus nii Laclau ja Mouffe’i ‘radikaalse demokraatia’ kui ka Rawlsi ‘õigluse kui ausameelsuse’ idee jaoks. Artikkel osutab ka ühele kesksele kitsaskohale (...)
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  • Religious pluralism and democratic society: Political liberalism and the reasonableness of religious beliefs.Thomas M. Schmidt - 1999 - Philosophy and Social Criticism 25 (4):43-56.
    Critics of John Rawls' conception of a reasonable pluralism have raised the question of whether it is justified to demand that religious individuals should 'bracket' their essential, identity-constituting convictions when they enter a political discourse. I will argue that the criterion for religious beliefs of being justified as grounds for political decisions should be their ability of being 'translatable' in secular reasons for the very same decisions. This translation would demand 'epistemic abstinence' from religious believers only on the basis of (...)
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  • Rawls’ Idea of a Liberal Self: A Communitarian Critique.Arup Jyoti Sarma - 2020 - Journal of the Indian Council of Philosophical Research 37 (3):383-402.
    The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...)
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  • Why Education in Public Schools Should Include Religious Ideals.Doret J. de Ruyter & Michael S. Merry - 2009 - Studies in Philosophy and Education 28 (4):295-311.
    In this article we aim to open a new line of debate about religion in public schools by focusing on religious ideals. We begin with an elucidation of the concept ‘religious ideals’ and an explanation of the notion of reasonable pluralism, in order to be able to explore the dangers and positive contributions of religious ideals and their pursuit on a liberal democratic society. We draw our examples of religious ideals from Christianity and Islam, because these religions have most adherents (...)
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  • Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism.Enzo Rossi - 2014 - Res Publica 20 (1):9-25.
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a (...)
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  • Interpreting Rawls: An Essay on Audard, Freeman, and Pogge. [REVIEW]Henry S. Richardson - 2011 - The Journal of Ethics 15 (3):227-251.
    This review essay on three recent books on John Rawls’s theory of justice, by Catherine Audard, Samuel Freeman, and Thomas Pogge, describes the great boon they offer serious students of Rawls. They form a united front in firmly and definitively rebuffing Robert Nozick’s libertarian critique, Michael Sandel’s communitarian critique, and more generally critiques of “neutralist liberalism,” as well as in affirming the basic unity of Rawls’s position. At a deeper level, however, they diverge, and in ways that, this essay suggests, (...)
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  • Gandhi Beyond Public Reason Liberalism.Karunakar Patra - 2021 - Journal of the Indian Council of Philosophical Research 38 (3):423-444.
    Since contemporary societies are deeply multicultural and plural, the partisan ideological politics obviously animate conflict of opinions and hard bargains that brings coercion into play. Thus political power is exercised to establish legitimacy and stability in the polity. The use of public reason as a tool of public inquiry is considered as most effective in deciding upon the outcomes of laws and policies. The idea of public reason is one of the contemporary innovations of liberal thinking in democracy and has (...)
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  • Constructivism VS. Contractualism.Onora O'Neill - 2003 - Ratio 16 (4):319-331.
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  • The promises of moral foundations theory.Bert Musschenga - 2013 - Journal of Moral Education 42 (3):330-345.
    In this article I examine whether Moral Foundations Theory can fulfil the promises that Haidt claims for the theory: that it will help in developing new approaches to moral education and to the moral conflicts that divide our diverse society. I argue that, first, the model that Haidt suggests for understanding the plurality of moralities—a shared foundation underlying diverse moralities—does not help to overcome conflicts. A better understanding of the nature and background of moral conflicts can lead to a more (...)
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  • Taking Facts Seriously: Judicial Intervention in Public Health Controversies.Leticia Morales - 2015 - Public Health Ethics 8 (2):185-195.
    Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in particular with respect (...)
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  • Justice and Peaceful Cooperation.Michael Moehler - 2009 - Journal of Global Ethics 5 (3):195-214.
    Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...)
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  • The Basic Structure and the Principles of Justice.András Miklós - 2011 - Utilitas 23 (2):161-182.
    This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...)
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  • Human dignity, humiliation, and torture.David Luban - 2009 - Kennedy Institute of Ethics Journal 19 (3):pp. 211-230.
    Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.
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  • Finance, Nature and Ontology.Glen Lehman & Chris Mortensen - 2019 - Topoi 40 (4):715-724.
    The paper examines connections between ontology and finance. The ontological debates concerning the role of finance are examined between two opposing schools of thought that can be labelled, very broadly, ‘instrumentalist’ and ‘realist’. These two schools of thought have had momentous repercussions in understanding what is a good society. Each school defines Nature in particular ways which can be explored using ontology and philosophical insight. Our theoretical investigation aims to accommodate Nature in community financial deliberations. A positive role for government (...)
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  • The fact of pluralism and israeli national identity.Rebecca Kook - 1998 - Philosophy and Social Criticism 24 (6):1-24.
    Much of John Rawls' later work is concerned with the appli cation of his philosophical conceptions to the reality of liberal-democratic polities. I suggest that given the modern democratic reality of ethno national pluralism, Rawls' political conception of justice is insufficient to ensure democratic stability. Democratic states manage to contain ethnic pluralism while remaining compatible with liberal principles by promoting a corporate national identity. The key, I argue, lies in the particular member ship criteria devised and implemented by the state. (...)
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  • Rawlsian originalism.Brian Kogelmann & Alexander William Salter - 2019 - Jurisprudence 10 (3):334-353.
    ABSTRACTHow should judges reason in a well-ordered constitutional democracy? According to John Rawls’s famous remarks in Political Liberalism, they ought to do so in accordance with the idea of pub...
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  • Norms of Legitimate Dissensus.Christian Kock - 2007 - Informal Logic 27 (2):179-196.
    The paper calls for argumentation theory to learn from moral and political philosophy. Several thinkers in these fields help understand the occurrence of what we may call legitimate dissensus: enduring disagreement even between reasonable people arguing reasonably. It inevitably occurs over practical issues, e.g., issues of action rather than truth, because there will normally be legitimate arguments on both sides, and these will be incommensurable, i.e., they cannot be objectively weighed against each other. Accordingly, ‘inference,’ ‘validity,’ and ‘sufficiency’ are inapplicable (...)
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  • Choice is Not True or False: The Domain of Rhetorical Argumentation. [REVIEW]Christian Kock - 2009 - Argumentation 23 (1):61-80.
    Leading contemporary argumentation theories such as those of Ralph Johnson, van Eemeren and Houtlosser, and Tindale, in their attempt to address rhetoric, tend to define rhetorical argumentation with reference to (a) the rhetorical arguer’s goal (to persuade effectively), and (b) the means he employs to do so. However, a central strand in the rhetorical tradition itself, led by Aristotle, and arguably the dominant view, sees rhetorical argumentation as defined with reference to the domain of issues discussed. On that view, the (...)
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  • Habermas on Rawls and the normative foundations of democracy.Krzysztof Kędziora - 2021 - European Journal of Social Theory 24 (4):545-561.
    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 (...)
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  • Participation and judicial review: A reply to Jeremy Waldron. [REVIEW]Aileen Kavanagh - 2003 - Law and Philosophy 22 (5):451-486.
    This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of Waldron's (...)
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  • Critical Theory at the Crossroads: Comments on Axel Honneth's Theory of Recognition.Andreas Kalyvas - 1999 - European Journal of Social Theory 2 (1):99-108.
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  • Liberal conduct.Duncan Ivison - 1993 - History of the Human Sciences 6 (3):25-59.
    A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.
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  • Consensus and normative validity.Harald Grimen - 1997 - Inquiry: An Interdisciplinary Journal of Philosophy 40 (1):47 – 61.
    A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more adequate, since it (...)
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  • Democracia y deliberación pública desde la perspectiva rawlsiana.M. ª Pilar González Altable - 2004 - Isegoría 31:79-94.
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  • The Problems with Evil.Paul Formosa - 2008 - Contemporary Political Theory 7 (4):395-415.
    The concept of evil has been an unpopular one in many recent Western political and ethical discourses. One way to justify this neglect is by pointing to the many problemswiththe concept of evil. The standard grievances brought against the very concept of evil include: that it has no proper place in secular political and ethical discourses; that it is a demonizing term of hatred that leads to violence; that it is necessarily linked with outdated notions of body and sexuality; and (...)
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  • Toleration and its Paradoxes: A Tribute to John Horton.Rainer Forst - 2017 - Philosophia 45 (2):415-424.
    This paper discusses John Horton’s influential theory of toleration. Starting from his analysis of the paradoxes of toleration, I argue that the avoidance of these paradoxes requires a moral justification of toleration based on practical reason. I cite the conception of toleration that Pierre Bayle developed to support this claim. But Horton is skeptical of such a moral justification, and this creates problems for his account of toleration.
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  • Interpretative Pros Hen Pluralism: from Computer-Mediated Colonization to a Pluralistic Intercultural Digital Ethics.Charles Melvin Ess - 2020 - Philosophy and Technology 33 (4):551-569.
    Intercultural Digital Ethics faces the central challenge of how to develop a global IDE that can endorse and defend some set of universal ethical norms, principles, frameworks, etc. alongside sustaining local, culturally variable identities, traditions, practices, norms, and so on. I explicate interpretive pros hen ethical pluralism ) emerging in the late 1990s and into the twenty-first century in response to this general problem and its correlates, including conflicts generated by “computer-mediated colonization” that imposed homogenous values, communication styles, and so (...)
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  • Making Truth Safe For Democracy.David Estlund - 1993 - In David Copp, Jean Hampton & John Roemer (eds.), The Idea of Democracy. Cambridge University Press. pp. 71-100.
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  • O “overlapping consensus” rawlsiano.Sara Sofia Lúcio Vargas - 2017 - Revista Opinião Filosófica 8 (1):277-296.
    O sistema político democrático parece alimentar-se de um dissenso, parecendo o sistema tanto mais democrático quanto mais espaço abrir àquilo a que John Rawls denominou de “o facto do pluralismo ” – the fact of pluralism. Contudo, e não obstante, é sugerida uma necessidade de encontrar um consenso político, pelo menos uma base mínima de entendimento, como uma base de unidade política. Rawls concebe, neste quadro, um “consenso por sobreposição”. Neste artigo procuraremos descrever em que consiste o consenso proposto por (...)
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  • On Practical Constructivism and Reasonableness.Thomas M. Besch - 2004 - Dissertation, University of Oxford
    The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...)
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  • Consensus, Dissensus, and a Third Way, Learned Ignorance.Dale Hample - unknown
    The simplest statement of the relationship between consensus and dissensus is that arguments are supposed to begin in dissensus and end in consensus. This essay introduces a third state for argumentation, learned ignorance. Nicolas of Cusa’s De Docta Ignorantia lays out both a case and a logic for argumentation that is not designed to end in a clear conclusion. Instead, the arguer pursues a matter up to an inconclusive point, and ends there, satisfied with the results. The underlying logic of (...)
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  • Bienes sociales primarios versus utilidad.Luciano Venezia - 2007 - Análisis Filosófico 27 (2):185-221.
    En el presente trabajo sostengo que los argumentos específicos desarrollados por John Rawls para justificar la adopción de un estándar de bienes sociales primarios no logran su cometido. En primer lugar, presento y critico los argumentos rawlsianos relacionados con intuiciones antidiscriminatorias y con el hecho del pluralismo razonable. Asimismo, caracterizo y critico las ideas rawlsianas concernientes al alcance del concepto de equidad, así como el argumento de los gustos caros y de la responsabilidad por los fines. Estimo que ellos no (...)
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  • Political Legitimacy.Anthony M. Musonda - unknown
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