Political theories of modus vivendi start from an assumption of deep and permanent disagreement about conceptions of the good and conceptions of justice. In response to this disagreement, modus vivendi provides an account of legitimacy as a result of a minimally restricted bargaining process. This account of legitimacy faces three major criticisms. Firstly, that the political arrangement will be unstable, secondly that a modus vivendi will institutionalise injustice, and thirdly, that it will institutionalise the status quo. I concede the objection (...) that a modus vivendi is unstable in order to address the more serious objections that it institutionalises injustice or the status quo. Through its acceptance of instability, modus vivendi theory is no more likely than liberal theory to institutionalise injustice. Far from the conservatism it is often associated with, modus vivendi permits radical political doctrines and radical political action in a way that is precluded by mainstream liberal theory. (shrink)

It is often claimed that in normative political theory political imagination should remain unaffected by real-world contingencies: our idea of how the world “ought to be” should be independent from how the world “actually is”. According to the practice-dependent thesis, instead, “[t]he content, scope, and justification of a conception of justice depends on the structure and form of the practices that the conception is intended to govern”. This methodological approach conceives the relationship between theory and practice as an interplay: normative (...) theory applies to practice, but practices are also able to affect the content of normative theory. In this paper, I argue that the interplay between theory and practices that the practice-dependent method generates has not been fully understood. Though it may – at a superficial look – appear as a method compliant with the status quo, I will show that this method implies an idea of political theory as an activity of continuous critical engagement. Given an extended account of the method, political imagination has boundaries but these are not fixed nor easilydefinable: the real-world fact that constrains practice-dependent principles is the point and purpose of the practice they are meant to apply to, but this fact in itself is partly shaped and critically assessed by the theorist. (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)

Constellations, Volume 29, Issue 1, Page 93-106, March 2022.