In this Special Issue of Journal of Critical Realism on Normativity, Elder-Vass has provided a paper that in part responds to one that Chris Winship and I wrote together, which was presented at the...

In this paper I compare the roles that the explicit and implicit educational theories of John Dewey and John Rawls play in their political works to show that Rawls’s approach is skeletal and inappropriate for defenders of democracy. I also uphold Dewey’s belief that education is valuable in itself, not only derivatively, contra Rawls. Next, I address worries for any educational theory concerning problems of distributive justice. Finally, I defend Dewey’s commitment to democracy as a consequence of the demands of (...) productive public inquiry and education. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

Journal of Philosophy of Education, EarlyView.

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

Worries about the potential medicalization of social and moral problems has propelled the debate on the nature of mental disorder, with normativists insisting that psychiatric classification is inherently value-laden and naturalists maintaining that a purely descriptive account of disease is possible. In recent work, some authors take a different path, accepting that the concepts of disease and mental disorder are value-laden but maintaining that this does not prevent objective truths regarding mental disorder attribution. This paper explores two such accounts and (...) the important steps they provide toward rethinking the nature and metaphysical status of mental disorder. The challenges raised in this paper are meant to contribute to the further development of this stimulating work. (shrink)

This article seeks to defend two claims: Firstly, that Universalist ethics in Habermas and Rawls cannot function without some recourse to the Good Life, or human well-being. Secondly, that such ethical reflection must involve formal anthropological considerations. In other words, it must involve a consideration of the Good that also encompasses reflection on what we are as humans. As an example, the paper draws on Habermas’ recent thoughts on ‘species-ethics’. I will argue that 'species ethics' needs to be substantiated and (...) expanded with the help of an 'anthropology of recognition'. (shrink)

This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.

This article looks at the problems of the co-determination of the political within western metaphysics and political reflection, and considers solutions that are figured in terms of failure and incompletion. The focus is on the relation of the political to political modernity, its defenders and attackers, and those who seek to overcome the opposition.

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

ABSTRACT Both classical and modern liberals tend to treat freedom of choice as if it is intrinsically valuable—regardless of what is chosen. They fear that treating freedom as, instead, instrumental only to good choices might open the door to paternalism if a polity were to decide that people were making bad choices. A middle course would be to treat freedom as independently valuable. On the one hand, the independent value of freedom does not treat all choices as good as long (...) as they are freely made. On the other hand, it does not reduce the value of freedom to the known, or predictable, good ends to which a free action may be conducive. Following from Hayek’s acknowledgement that we are often ignorant of what the future may hold, freedom may have value because it will allow us to make decisions whose positive consequences cannot now be predicted. (shrink)

The essay examines the impartialist view of justice as the first virtue of all relationships. I argue that in close associations where duties, obligations, and rights of persons are situationally contingent, abstract principles of justice fail to yield a unified moral perspective about what is fair. Solidarity and trust as moral emotions develop more complex moral competencies that go beyond what principles of justice alone require.

The principle of autonomy, through various court rulings, gradually became part of medical practice and tradition in the second half of the 1800s, notably when the emergence of surgical anaesthesia began to raise serious questions regarding informed consent. In fact, surgical anaesthesia was initially used not only to avoid pain but also to combat patients’ resistance to operations.

If communitarian political philosophers such as Michael Sandel are right about the importance of genuine community commitment, then it is the liberal minimal state, rather than the more expansive state implied both by communitarianism and by Rawlsian welfare liberalism, that should be preferred. It is contended that Sandel's antiliberal arguments, while inadequate as a criticism of Rawls's particular formulation of liberalism, nonetheless contain an important challenge to rights‐based political theories generally. However, by considering the various senses in which individual rights (...) can be said to draw lines between persons, it is shown how the classical liberal might meet Sandel's challenge. (shrink)

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume,...

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume, the possibility and necessity of justice are rooted not in limited beneficence or confined generosity, but in the epistemic insight that the knowledge relevant to deciding what to do with the fruits of social cooperation is for a variety of reasons uncentralisable. Second, and regardless of whether Rawlsian ethical disagreement is (...) more persuasive as a circumstance of justice than Humean confined generosity, it does not explain the possibility and necessity of justice, for the uncentralisability of social knowledge would be decisive even under conditions of unanimity. Finally, the epistemic account not only shows what the circumstances of justice are but, contra Cohen’s critique of the standard account, also provides at least some guidance as to what justice itself may be. (shrink)

In schools, trustworthiness is a foundational value taught to students through values education as well as the school activities, ethos and climate. A key determining factor for the establishment o...

In Two Faces of Liberalism, John Gray pursues the dual agenda of condemning familiar liberal theories for perpetuating the failed “Enlightenment project,” and promoting his own version of anti‐Enlightenment liberalism, which he calls “modus vivendi.” However, Gray's critical apparatus is insufficient to capture accurately the highly influential “political” liberalism of John Rawls. Moreover, Gray's modus vivendi faces serious challenges raised by Rawls concerning stability. In order to respond to the Rawlsian objections, Gray would have to reinstate the aspirations and principles (...) characteristic of Enlightenment theories of liberalism. (shrink)

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 (...) competing comprehensive doctrines. A liberalism that is supported “for its own sake” rather than as a compromise must necessarily be based on some conception of the good, of the sort that political liberalism eschews. (shrink)

In this article, I distinguish personal autonomy from heteronomy, and consider whether autonomy provides a suitable basis for liberalism. I argue that liberal government should not promote autonomy in all its citizens, on the grounds that not all members of liberal democracies require autonomy for a good life. I then outline an alternative option that I call a liberalism of conscience, describing how it better respects heteronomous citizens. I subsequently clarify how a liberalism of conscience is different than, and superior (...) to, autonomy‐based versions of liberalism. (shrink)

There has been considerable recent discussion of the social effects of “liberalism,” which are said to include a growth in out-of-wedlock childbirth, repudiation of traditions, a rise in populism, increased reliance on technocracy, inequality, environmental degradation, sexual promiscuity, deterioration of civic associations, a diminution of civic virtue, political correctness on university campuses, and a general sense of alienation. There is good reason for skepticism about these claims. Liberalism is not a person, and it is not an agent in history. Claims (...) about the supposedly adverse social effects of liberalism are best taken not as causal claims at all, but as normative objections that should be defended on their merits. These propositions are elaborated with reference to three subordinate propositions: liberalism, as such, does not lack the resources to defend traditions; liberalism, as such, hardly rejects the idea of “constraint,” though the domains in which liberals accept constraints differ from those of antiliberals, and vary over time; liberalism, as such, does not dishonor the idea of “honor.” There is a general point here about the difficulty of demonstrating, and the potential recklessness of claiming, that one or another “ism” is causally associated with concrete social developments. (shrink)

The key objective of this paper is to emphasize the importance of acknowledging breastfeeding as an embodied social practice within interventions related to breastfeeding and lactation and illustrate how this recognition holds implications for public health ethics debates. Recent scholarship has shown that breastfeeding and lactation support interventions undermine women’s autonomy. However, substantial discourse is required to determine how to align with public health goals while also recognizing the embodied experiences of breastfeeding and lactating individuals. Presently, interventions in this realm (...) predominantly revolve around health-related messaging and the promotion of individual behaviors, often neglecting the systemic and structural factors that influence choices and practices. I closely examine breastfeeding interventions in India, in particular Mothers’ Absolute Affection health promotion program, along with breastfeeding narratives. I argue that for such interventions to evolve, they must acknowledge the intrinsic embodied social nature of breastfeeding during their design and implementation. Furthermore, it is important to emphasize that achieving equity and justice objectives necessitates moving beyond the confines of both conventional public health frameworks and frameworks solely centered on private choices. Instead, a more encompassing approach that embraces the concept of embodiment should be adopted. (shrink)

Travel for reproductive health care has become a widespread global phenomenon. Within the field, the decision to travel to seek third parties to assist with reproduction is widely assumed to be autonomous. However there has been scant research exploring the application of the principle of autonomy to the experience of the cross-border traveller. Seeking to contribute to the growing, but still small, body of sociological bioethics research, this paper maps the application of the ethical principle of autonomy to the lived (...) experience of infertile individuals who cross borders for reproductive care. It examines their choices as patient, consumer and traveller. It suggests that their experience evidences a contradictory autonomy, which offers them both choice and no choice in their final decision to travel. The paper argues that this lack of meaningful autonomy is enabled by a medicalised framework of infertility which prioritises technology as the cure to infertility. This both shapes expectations of infertile individuals and limits their options of family creation. Ultimately, the paper suggests that sociological bioethics research shows that the liberatory credentials of technology should be questioned, and identifies that this field demands greater scholarly attention. (shrink)

Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.

Chenyang Li argues, in an article originally published in Hypatia, that the ethics of care and Confucian ethics constitute similar approaches to ethics. The present paper takes issue with this claim. It is more accurate to view Confucian ethics as a kind of virtue ethics, rather than as a kind of care ethics. In the process of criticizing Li's claim, the distinctiveness of care ethics is defended, against attempts to assimilate it to virtue ethics.

In answering the question, “Which moral identity has to be developed in a multicultural society?” we draw a distinction between public and non-public identities of persons. On our view, a liberal democracy is characterized by a specific conception of these two central components of moral identity. In section 2, we concentrate on the public identity, while, in section 3, the nonpublic identity is the centre of interest. In explaining these main components of moral identity, we will appeal to those aspects (...) of identity as set out by Rorty & Wong which are constitutive of moral identity. (shrink)

A number of philosophers working in applied ethics and bioethics are now earnestly debating the ethics of what they term “moral bioenhancement.” I argue that the society-wide program of biological manipulations required to achieve the purported goals of moral bioenhancement would necessarily implicate the state in a controversial moral perfectionism. Moreover, the prospect of being able to reliably identify some people as, by biological constitution, significantly and consistently more moral than others would seem to pose a profound challenge to egalitarian (...) social and political ideals. Even if moral bioenhancement should ultimately prove to be impossible, there is a chance that a bogus science of bioenhancement would lead to arbitrary inequalities in access to political power or facilitate the unjust rule of authoritarians; in the meantime, the debate about the ethics of moral bioenhancement risks reinvigorating dangerous ideas about the extent of natural inequality in the possession of the moral faculties. (shrink)

This paper explores the meaning of social justice and development in post-apartheid South Africa. It begins with social justice as a process of equalisation, presenting some evidence of the challenge and explaining the difficulty of achieving racial equality. Recognition of changes in national development strategy in the post-apartheid era, and their implications for inequality, leads to discussion of alternative development ethics, which involves reconsideration of what stands for the good life. The possibility of a combination of traditional African communitarianism and (...) the ethic of care is explored, as a basis for an alternative conception of the good. Some impediments to the realisation of such a vision are identified. (shrink)

Michael Sandel's Democracy's Discontent traces America's woes to an erosion of community and a loss of a sense of collective self‐governance. He recommends a more communitarian, republican public philosophy as the cure. His book illuminates many important historical and contemporary issues, particularly the link between systems of political economy and visions of citizenship. His methods are, however, too impressionistic to support his empirical claims. He particularly neglects the role of civic republicanism in America's history of racial, gender, and religious discrimination. (...) Hence his call for Americans to minimize liberal doctrines of individual rights in favor of communally minded republicanism is not fully persuasive. (shrink)

The relevance of different concepts of computer software (henceforth SW) rights is analysed from the viewpoint of divergent sociopolitical doctrines. The question of software rights is considered from the ontological assumptions, on one extreme, to the relevance of current practical applications of SW rights (such as copyright and patent), on the other extreme. It will be argued (from a non-descriptive/non-cognitive account) that the current expression of SW rights in Western societies (namely copyright, excluding patent) can be seen to be fair (...) from the viewpoint of the theses of agreed rights and universalisability. Finally, given that such practice is neither immoral, nor irrelevant-but fair (based on the ad ignorantiam argument)-we have good reason to respect it rather than violate or demolish it. (shrink)

Legal theory for the purposes of this essay is the theory of mundane law—that is, our law. The legal system of a modern Western democracy is the phenomenon legal theory is trying to represent perspicuously. Such a legal system may be characterized prephilosophically as an institutionalized normative system. The associated institutions include legislatures, courts, police forces, civil services, royal families, and the like. The associated norms are of three kinds—norms directly enjoining, permitting or proscribing behaviour on the part of the (...) norm-subjectss; norms for facilitating the creation of social arrangements between norm-subjects; norms for the creation, variation, administration, application and enforcement of norms of the first two kinds. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

This paper follows a trend in engineering ethics away from universal moral theories towards more contingent/contextual approaches such as pragmatist and care ethics. These methodological considerations are treated in the context of the Volkswagen Diesel Emissions scandal as a case study in the “paradox of loyalty,”. Building upon a combined pragmatist-care ethics approach, the article outlines an “ethics of commitment,” inspired by the moral philosophy of Josiah Royce. The ethics of commitment locates the site of moral value in an individual’s (...) “commitment to a cause,” where a “cause” refers to a purposive community of persons oriented by a shared end or ideal. The ethics of commitment improves upon a pragmatist-care ethics in two notable ways: first, addressing the problem of determining wrongdoing via pragmatist ethics, and second, by emphasizing the costly nature of moral action as a critical part of ethical deliberation, rather than appealing to empathy or moral sentiment. This process—described metaphorically as “centrifugal commitment”—remains contingent and fallible, but in a way that does justice to the broad scope of moral responsibility incumbent upon engineers. (shrink)

This paper draws attention to overlooked similarities between John Rawls’s and Emmanuel Levinas’s understandings of justice. Its first part provides a synopsis of each philosopher’s ideas as well t...

This paper draws attention to overlooked similarities between John Rawls’s and Emmanuel Levinas’s understandings of justice. Its first part provides a synopsis of each philosopher’s ideas as well t...

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 (...) Laclau ja Mouffe’i lähenemises: nende suutmatusele kontseptualiseerida institutsioonilisi korraldusi tulenevalt nende ülemäärasest rõhuasetust demokraatia dekonstruktiivsele potentsiaalile. Selles suhtes osutatakse ka Rawlsi käsitluse ilmselgetele eelistele, kuna see pakub juhiseid organiseerimaks demokraatlikke institutsioone. The paper concentrates on a controversy in recent decades’ political thought between ‘political liberalism’ of Rawls and ‘radical democracy’ (represented in this paper by Laclau and Mouffe). The article tries to initiate a potential dialogue between these seemingly divisive approaches. In conclusion the paper maintains that the whole controversy is misguided in one fundamental respect: both approaches share the same underlying ethos in envisioning society—‘the ethos of contingency’. It is argued that it is the most fundamental tenet informing both Laclau and Mouffe’s theory of hegemony with its complementary idea of ‘radical democracy’, and justice as fairness conceived in terms of reciprocity with its accompanying idea of public justification and reflective equilibrium. _e article points to a central impasse in Laclau and Mouffe’s approach: its incapability to conceptualize institutional arrangements due to their overemphasis on the deconstructive potential of democracy. In this respect the obvious merits of Rawls’ conception are highlighted in view of his proposals for organizing democratic institutions. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

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 (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

Lately there has been a renewal of interest among political philosophers and theorists in the idea of cosmopolitanism. However, there is little consensus among contemporary theorists about the precise content of a cosmopolitan position. This article calls attention to two different strands in recent thinking about cosmopolitanism. One strand presents it primarily as a doctrine about justice. The other presents it primarily as a doctrine about culture and the self. Although both forms of cosmopolitanism have some appeal, each is sometimes (...) interpreted in ways that render it untenable. This article attempts to distinguish between the more and the less plausible versions of each form of cosmopolitanism. In each case, the distinction turns on how the normative status of particular interpersonal relationships and group affiliations is understood. (shrink)

This paper wishes to problematize the foundations of production governance and offer an analytical perspective on the interrelation between agents’ preferences, strategic choice, and the public sphere . The value is in the idea of preferences being social in nature and in the application both to the internal stakeholders of the organisation and its impacts on people outside. Using the concept of ‘strategic failure’ we suggest that social preferences reflected in deliberative social praxis can reduce false beliefs and increase individual (...) wellbeing. From this approach, the paper offers a taxonomy of production organisations, based on social preferences about two variables: the governance form other strategic decisions that characterize the management of a company at a more operational level, once its fundamental legal form has been chosen. Each dimension is then categorised alongside two basic preferences: towards inclusion or exclusion of ‘publics’ that have no substantial access to decision power about these variables. Our framework explains governance heterogeneity by contrasting exclusive and inclusive social preferences in cooperatives, social enterprises, as well as traditional corporations. A discussion of the evolution of social preferences and organizational forms is addressed through examples and regional experiences. (shrink)

There exists the putative assumption that since those values that legitimate social practices and institutions are liberal values, then the most coherent form of justification for their universal applicability must — and can only — be a liberal one. The aim of this article is to unravel the foundations of this assumption and, in doing so, to demonstrate that the transition from comprehensive to political liberalism is an expression of postmodern concerns at the heart of liberalism. The central claim I (...) wish to make is twofold: first, John Rawls's concentration on the problem of legitimacy over and above justice leads to an acceptance of the social thesis, albeit in a minimal form. Two, as a consequence of this, the Kantian form of practical reason that informs his work has to be modified to avoid problems with motivation. In the succeeding section, I reverse the direction of argument and concentrate on an explicitly hermeneutical liberalism, that of Gianni Vattimo, which avowedly embraces the substantive implications of the social thesis and yet attempts to demonstrate that the aims of interpretation and understating entail a commitment to liberal political values. Although the social thesis can offer a plausible account of political motivation congruent with the demands of legitimacy, it must also be committed to a minimal formal account of practical reason much to the chagrin of the critics of postmodern ethics who accuse all contextual thought of exhibiting strong irrational tendencies. The intention of the conclusion is to show that whether one begins from the liberal commitment to formal values, or the postmodern contextual commitment to substantive, situated values, one must be committed to a political form of autonomy that is both non-comprehensive yet necessarily situated. Moreover, the recognition of these concerns necessitates a simultaneous avowal of postmodern themes in order for political liberalism to be fully coherent and persuasive as a political doctrine, as well as an explicit recognition of the formal claims of reason by any postmodern thought. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

The term “exceptionalism” was introduced into health care in 1991 when Bayer described “HIV exceptionalism” as the policy of treating the human immunodeficiency virus different from other infectious diseases, particularly other sexually transmitted diseases. It was reflected in the following practices: pre- and post-HIV test counseling, the development of specific separate consent forms for HIV testing, and stringent requirements for confidentiality of HIV test results. The justification for these practices was the belief that testing was essential for prevention and that (...) patients might not seek HIV testing if confidentiality were not guaranteed. Confidentiality was believed to be particularly important given the degree of discrimination and stigmatization associated with the illness. Anonymous testing was a further step in ensuring strict confidentiality, even though such a practice prevented public officials from contacting partners and others who were at risk. (shrink)