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)

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)

This paper defends a distinctly liberal approach to public health ethics and replies to possible objections. In particular, I look at a set of recent proposals aiming to revise and expand liberalism in light of public health's rationale and epidemiological findings. I argue that they fail to provide a sociologically informed version of liberalism. Instead, they rest on an implicit normative premise about the value of health, which I show to be invalid. I then make explicit the unobvious, republican background (...) of these proposals. Finally, I expand on the liberal understanding of freedom as non-interference and show its advantages over the republican alternative of freedom as non-domination within the context of public health. The views of freedom I discuss in the paper do not overlap with the classical distinction between negative and positive freedom. In addition, my account differentiates the concepts of freedom and autonomy and does not rule out substantive accounts of the latter. Nor does it confine political liberalism to an essentially procedural form. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgement. A virtue–centred account (...) of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...) Kantorowicz’s “king’s two bodies”; Hobbes’ Leviathan and Schmitt’s theory of sovereignty. The article aims at presenting some arguments to de-fine these three perspectives, by examining – in the last sec-tion – how this paradigm has evolved into the more complex and articulated theory of the rule of law in contemporary democratic societies. (shrink)

I argue that Rawls’s political philosophy relies on a moral conception of the person which he inherits from Kant’s conception of the person, despite Rawls’s claim that he is doing political philosophy first. Scheler’s critique of Kant contains a critique of his concept of the person and I apply this critique to Rawls’s use of it as a founding part of his political philosophy. This is done not to argue against Rawls’s politics per se, but to argue, in the light (...) of Scheler’s phenomenology, that its theoretical foundations may be unsteady. I claim that Scheler’s concept of the person may be used either for a communitarian critique of Rawls or for a foundation to strengthen Rawls’s political conception of the person. (shrink)

Trata-se de analisar a possibilidade de resolução de desacordos morais a partir de uma base contratualista e de um método construtivista. Por isso, a proposta não é apresentar, propriamente, a resposta correta para cada caso de desacordo, mas demonstrar que o recurso a uma base procedimental justificadora permite verificar a legitimidade de juízos morais-políticos em cada situação.

In the second half of 1944, Jean-Paul Sartre wrote an essay entitled ‘Anti-Semite and Jew’. He analyses what might be termed the moral pathology of the anti-Semite. Such a person, Sartre suggests, has chosen to enact a passion, a passion of hatred. The motive is the desire for ‘impenetrability’ – a disavowal of reasoned argument – and a pleasure taken in the assertion and re-assertion of what is known to be false. Sartre’s essay was written hurriedly and looking back over (...) 70 years, we can see its flaws. But I suggest that the kernel of his analysis of the anti-Semite is compelling, especially in the context of the growth of anti-immigrant prejudice in the UK and elsewhere. Using Sartre as a starting point, I discuss the nature of prejudice and suggest that to counter prejudices, a civic education is needed that emphasises a narrative of liberty. (shrink)

This paper explores the problem of universalism and particularism in contemporary ethics, and its relationship to Christian bioethics in particular. An ethic of human dignity is outlined, which, it is argued, constrains moral discourse in the broad sense – thus meeting the demands of universalism – but which is at the same time amenable to a variety of particularist interpretations – thus acknowledging the current shift toward historicism, traditionalism, and culture. The particularist interpretations that are of central concern here are (...) those provided by historic Christianity. The eventual goal is to indicate how a Christian conception of human dignity can have universal normative relevance both as a standard against which to assess competing particularist conceptions, and as a practical guide for everyday living. A Christian conception of dignity will in turn have significant implications when addressing contemporary issues in bioethics. These are ambitious goals, and a full explication of the ideas presented will not be possible in this context. Nevertheless, there is value in getting a bird's-eye view of the landscape before one goes about scaling the mountains and exploring the valleys. The present essay is intended as a general geography of the moral terrain in which an ethic of dignity in general, and a Christian perspective on dignity in particular, can provide normative guidance. (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)

Ethical principles are fundamental for the exercise of any profession. Portuguese psychologists have waited for 30 years for professional validation. This paper will define the Portuguese psychologists’ ethical principles, with a universal view as a starting point and then an adaptation to the cultural and professional reality in Portugal. The level of acceptability of these principles will be ascertained in a later paper.

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.

The earlier much discussed issue of a society's right to educate the young is the starting point for various observations regarding education itself. A distinction is drawn between additive and transformative conceptions of education, the latter seeking to bring about changes to the learner's subjective self as reflected in a tripartite division of entities intended by the phenomenological self. Despite liberal or progressive educators' intuitive preference for the transformative conception, it may be asked whether this may not infringe the learner's (...) rights, however worthy the educator's motives or benign the intended outcomes. This possibility is rejected, however, on grounds of the learner's residual freedom to criticise the educator's values, the necessity of value assumptions as the essential basis of moral freedom and the unpredictability of human perceptions and responses, given the potential gap between the intentions and perceptions of the emitter of language and the understandings of the receiver. (shrink)

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)

Some theorists, worried about liberalism’s potential as a foundation for public health ethics, suggest that republicanism provides a better background of justification for public health policies, interventions, etc. In this article, this suggestion is put to the test, and it is argued that (i) contemporary (civic) republicanism and liberalism are not nearly as opposed as it is sometimes suggested, and that (ii) the kind of republicanism which one leading scholar in the field, Bruce Jennings, as an alternative to liberalism, does (...) not reflect the contemporary understanding of republicanism as held by, e.g. Phillip Pettit et al. (shrink)

The analysis presented here lays out the ethical warrants for requiring community oversight of health research conducted in international settings. It reviews the inadequacies with the current standards of individual informed consent and research ethics committee review, and then, shows how a broader population-based public health perspective raises new demands on justice involving due consideration of the rights, harms and benefits to the community as a whole. As developed here, an ethical standard that requires community oversight of health research is (...) justified on three principled grounds: respect for community autonomy and their right to self-determination; due consideration of the consequences of the research for the community as a whole; and, a more complete understanding of human autonomy. The paper concludes with practical recommendations regarding the composition of Community Advisory Boards to ensure that they have legitimate decision-making authority in diverse socio-cultural contexts. (shrink)

Public deliberation about health policy in the United States often hinges on two untenable basic assumptions about political legitimacy. The first assumption, common in public debate throughout the United States, is that federal oversight of health care is justified under a federal compact binding all citizens. This assumption is false because the federal compact precludes such oversight. Indeed, the ascendancy of national government (and demise of federalism) over the past 70 years was engineered through the subversion of the federal compact, (...) creating an expansive legitimation gap. The second assumption—that political legitimacy can be established through appeals to expert consensus about fundamental conceptions of justice or human rights—is prevalent among bioethicists. I argue that this assumption is illicit because it hinges on a weak, rationalistic form of majoritarian democracy that conflates public acquiescence with public approval. If the public mission of academic bioethics involves protecting the integrity of public deliberation, then these two basic assumptions should be challenged. (shrink)