In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...) and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law. (shrink)

Taylor, Sandel, Walzer, and MacIntyre waver between granting the community authority over the individual and limiting this authority so severely that communitarianism becomes a dead letter. The reason for this vacillation can be found in the aspiration of each theorist to base liberal values‐equality and liberty—on particularism. Communitarians compound liberal formalism by adding to the liberal goal, individual autonomy, the equally abstract aim of grounding autonomy in a communally shared identity. Far from returning political theory to substantive considerations of the (...) good, communitarianism legitimizes really existing liberal politics—the politics of the nation‐state. (shrink)

The accusation that contemporary political philosophy is carried out in too ahistorical a fashion depends upon it being possible for historical facts to ground normative political principles. This they cannot do. Each of the seven ways in which it might be thought possible for them to do so fails for one or more of four reasons: History yields no timeless set of universal moral values; it displays no convergence upon such a set; it reveals no univocal moral or cultural context (...) in the present; the failure of an ethical tradition to successfully respond to criticism over a long period of time is no guarantee of its inability to do so. Because historical critiques of contemporary normative thought rely upon one or more of these things holding true, they are, as a class of arguments, to be rejected. (shrink)

O artigo procura mostrar em que sentido a democracia deliberativa proposta pela teoria discursiva de Jürgen Habermas dá conta do problema dos reducionismos econômicos e juridificantes da mundialização ou globalização, entendida como uma colonização técnico-sistêmica do mundo da vida. Recorrendo a sua concepção de um ethos democrático transnacional embasado na soberania popular, a teoria habermasiana logra resgatar o caráter normativo da mundialização através da irredutibilidade de valores humanos como a liberdade, a dignidade e os direitos humanos, inerentes às mais diferentes (...) e incompatíveis autocompreensões de mundos da vida. (shrink)

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...) by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications, from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair in an (...) international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities. (shrink)

De moderne filosofie lijdt aan muziekvergetelheid. Opvallend is echter dat filosofen, wanneer ze toch aandacht schenken aan muziek, hun aandacht bij voorkeur op één bepaald genre richten, namelijk de opera. Filosofen zoals Søren Kierkegaard en Friedrich Nietzsche lieten hun gedachten over Don Giovanni, Parsifal en Carmen gaan, terwijl omgekeerd de filosofie van Arthur Schopenhauer de opera heeft beïnvloed via Wagner. Diens werk lijkt zich op het snijpunt van het grensverkeer tussen moderne filosofie en moderne muziek te bevinden. Het was zijn (...) ambitie de menselijke existentie en de menselijke geschiedenis in één panoramisch oeuvre te vatten, vanaf het primordiale begin tot en met de dramatische finale die ophanden leek: een catastrofale apotheose die een geheel nieuwe toekomst mogelijk zou maken. Dat is althans de verhaallijn van zijn meesterwerk Der Ring des Nibelungen. Aan het slot van Götterdämmerung lijkt zich een algehele verwoesting te hebben voltrokken: ‘Everything is destroyed and there is an enigmatic kind of hovering over the scene of destruction’ (Badiou 2010, p. 106), een ambivalente stemming van hoop en destructie zette Wagner op muziek. Voor Wagner is dan ook een hoofdrol in deze studie weggelegd: voor zijn muziektheoretische geschriften (waarin hij over een ‘muziek van de toekomst’ filosofeerde), maar meer nog voor de muzikale totaalkunstwerken die hij daadwerkelijk componeerde. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (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)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents an (...) assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

A free society requires a citizenry that is capable of taking personal responsibility for bettering their lot, and voluntarily promoting and protecting public goods such as education, health, public order, peace, and justice. Although the law backed by force can have some success at compelling people to make contributions to the public exchequer, refrain from criminal activity, honor legal contracts, and so on, an economically and politically free society cannot rely exclusively on the threat of coercion to induce in citizens (...) a sense of social responsibility. On the contrary, a free society depends on a well‐entrenched sense of responsibility that is internalized and actualized by citizens in their everyday lives. But any realistic attempt to frame an ideal of social responsibility must confront two serious challenges presented by the complexity and scale of modern societies, namely the challenge of knowing the content of our responsibilities and the challenge of finding the motivation to discharge them. With these challenges in view, this essay assesses the power of prevailing accounts of citizenship to generate an effective sense of social responsibility, and proposes some guiding principles to inform a broader theory of responsibility that might synthesize the strengths of political accounts while transcending some of their limitations. (shrink)

Plausible retributivist justifications for punishment assert that the commission of a moral wrong creates a pro tanto reason to punish the person who committed it. Yet there are good case-based and theoretical reasons to believe that not all moral wrongs are the proper subjects of criminal law or that they are within the proper domain of the state. This article provides these reasons, which suggest that a plausible retributivist justification for punishment must make distinctions between state-relevant and non-state-relevant moral wrongs (...) and state-relevant and non-state-relevant desert. The article makes the case for Rawlsian public reason as a plausible method for making these distinctions. (shrink)

Stories in the Zhuangzi detailing expert artisans and other extraordinary people are often read as celebrations of “skills” or “knacks.” In this paper, I will argue that they would be more accurately understood as “coping” stories. Taken as a celebration of one’s “skill” or “knack” they transform the Zhuangzi into an implicit advocate of conforming to, or even identifying with, one’s social roles. I will argue that the stories of artisans and extraordinarily skilled people are less about cultivating one’s talents (...) so as to “find one’s calling,” better fulfill social expectations, or achieve oneness with Dao, than they are concerned with developing strategies for coping with natural and social contingencies. Read in this way, there is much to learn from the Zhuangzi when reflecting on contemporary social and political issues, especially those related to meritocratic hubris. (shrink)

Volume 11, Issue 1, March 2019, Page 68-83.

In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social identities, causing problems of identification in the public life and hindering the expression of moral feelings and actions, thus revealing a weakness in public morality. This is a space that Confucianism has not yet been (...) able to cover, and also where it has room for growth. (shrink)

In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social identities, causing problems of identification in the public life and hindering the expression of moral feelings and actions, thus revealing a weakness in public morality. This is a space that Confucianism has not yet been (...) able to cover, and also where it has room for growth. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...) certain kinds of accommodation. They must be understood as one possible expression, along with nonreligious or secular beliefs, of a person's convictions of conscience, which are strong ethical commitments upon which depends the moral integrity of those having such convictions. I demonstrate that the main ground for religious accommodation is the need to protect fairly, through such rights as religious freedom and freedom of conscience, the ethical commitments and conscientious beliefs of all citizens. Finally, against the objection that such a view risks leading to the proliferation of demands for accommodation, I maintain that a deliberative approach to religious accommodation is in a good position to put serious hurdles in the path of unreasonable demands. (shrink)

This paper defends some aspects of the intentionalist and internationalist worldviews of (an expanded) mainstream development studies against certain moral claims emanating from the New Right and a diverse post-Left. I contend that citizens and states in the advanced industrial world have a responsibility to attend to the claims of distant strangers. Although it is difficult to specify in determinate ways how this responsibility should be discharged—save for attending to basic human needs and rights—the responsibility itself derives from the interlinking (...) and asymmetrical exchanges that bind distant strangers together in an interdependent world economy. I draw on Rawls and Roemer to specify the nature of this responsibility. I also draw on Benhabib to make a modified Rawlsian theory of justice less abstract while continuing to insist on the possibility and necessity of conversations between radically different social actors. The final part of the paper attends to questions of plausibility. I suggest that New Right and (more so) post-Left critiques of an expanded mainstream in development studies and policy are ethically deficient to the extent that they commend alternative development strategies without giving proper consideration to their costs and disbenefits. Development ethics, I conclude, is not just about questions of transnational justice and positionality; it is also about the construction of plausible alternative worlds and practical development policies. (shrink)

This paper defends some aspects of the intentionalist and internationalist worldviews of mainstream development studies against certain moral claims emanating from the New Right and a diverse post-Left. I contend that citizens and states in the advanced industrial world have a responsibility to attend to the claims of distant strangers. Although it is difficult to specify in determinate ways how this responsibility should be discharged—save for attending to basic human needs and rights—the responsibility itself derives from the interlinking and asymmetrical (...) exchanges that bind distant strangers together in an interdependent world economy. I draw on Rawls and Roemer to specify the nature of this responsibility. I also draw on Benhabib to make a modified Rawlsian theory of justice less abstract while continuing to insist on the possibility and necessity of conversations between radically different social actors. The final part of the paper attends to questions of plausibility. I suggest that New Right and post-Left critiques of an expanded mainstream in development studies and policy are ethically deficient to the extent that they commend alternative development strategies without giving proper consideration to their costs and disbenefits. Development ethics, I conclude, is not just about questions of transnational justice and positionality; it is also about the construction of plausible alternative worlds and practical development policies. (shrink)

What would my life have been like if I had been born more intelligent? Or taller? Or a member of the opposite sex? Or a non-biological being? It is plausible that some of these questions make sense, while others stretch the limits of sense making. In addressing questions of how I might have been, genetic essentialism is popular, but this article argues that genetic essentialism, and other versions of origin essentialism for organisms, must be rejected. It considers the prospects for (...) counterpart theory and shows how counterpart theory can be used to illuminate volitional accounts of identity as proposed by Harry Frankfurt. This enables one to make sense of claims that, say, being gay, or Deaf, or Black, can be essential to someone's identity. The discussion is then extended to show how it can be made applicable to the transworld identity theorist who denies that individuals possess essential properties. (shrink)

Communitarians like Alasdair MacIntyre, Charles Taylor, and Michael Sandel, defend what we may call the ‘social constitution thesis.’ This is the view that participation in society makes us what we are. This claim, however, is ambiguous. In an attempt to shed some light on it and to better understand the impact its truth would have on our beliefs regarding autonomy, I offer four possible ways it could be understood and four corresponding senses of individual independence and autonomy. I also indicate (...) what senses liberals can accept that we are socially constituted and in what sense I take communitarians to argue we are socially constituted. (shrink)

Critical literatures, and public discourses, on public health policies and practices often present fixated concerns with paternalism. In this paper, rather than focus on the question of whether and why intended instances of paternalistic policy might be justified, we look to the wider, real-world socio-political contexts against which normative evaluations of public health must take place. We explain how evaluative critiques of public health policy and practice must be sensitive to the nuance and complexity of policy contexts. This includes sensitivity (...) to the ‘imperfect’ reach and application of policy, leading to collateral effects including collateral paternalism. We argue that theoretical critiques must temper their demandingness to real-world applicability, allowing for the detail of social and policy contexts, including harm reduction: apparent knock-down objections of paternalism cannot hold if they are limited to an abstract or artificially-isolated evaluation of the reach of a public health intervention. (shrink)

This paper seeks to describe and evaluate the work of the late Iris Marion Young as a critical reference point for values and ethics in the social professions. Her credentials are both experiential and theoretical, having studied analytical then postmodern and phenomenological thought, publishing a series of influential books on political and ethical concepts from a critical feminist position. Her theory and practice were closely related: she actively campaigned for feminist and related social causes for many years. The aim is (...) to provide a broad review of her work, with special reference to aspects particularly relevant to the social professions, and some discussion of implications for practice. It is not the intention to set out a systematic framework of concepts but to suggest the fruitfulness of some of her ideas, particularly those relevant to social professionals, and encourage the reader to go back to the original work. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state-funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals' future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision-making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision-making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds' Investment Management Board to invest in the state government's corrections authority. (shrink)

Squeezed between increasing entitlement expenditures and static or declining real revenues, state‐funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...) plan beneficiaries; any investment that took into account community needs would be, in effect, an unjustified tax on individuals’ future welfare. Furthermore, analysts are very doubtful about the integrity of public pension plan investment decision‐making. In this paper, I set out a morally informed justification of public pension plan investment in community development. In doing so, I develop a model of community development that stresses the reciprocal nature of the obligations embedded in the relationship between the community and pension plan beneficiaries. This approach also has significant implications for a wide variety of private sponsored plans. The paper begins with an assessment of pension fund decision‐making and the practices of the investment management industry, drawing upon related research on pension fund capitalism. It goes on to issues of social obligation, referencing recent research on the nature of social contracts. To give the analysis empirical relevance I refer to the much disputed decision of the West Virginia legislature to require their public pension funds’ Investment Management Board to invest in the state government's corrections authority. (shrink)

In this article, we evaluate the capacity of liberal egalitarianism to rebut what we call the libertarian challenge of charity. This challenge states that coercive redistributive taxation is neither needed nor justified, since those who endorse redistribution can give charitably, and those who do not endorse redistribution cannot justifiably be coerced. We argue that contemporary developments in liberal political thought render liberalism more vulnerable to this libertarian challenge. Many liberals have, in recent years, sought to recast liberalism such that it (...) is more hospitable to cultural, religious, and ethnic diversity. This move has resulted in increased support for the claim that liberalism should be understood as a political rather than comprehensive doctrine, and that liberal institutions should draw their legitimacy from agreements made among members of an appropriately conceived deliberative community, rather than from controversial liberal principles like individual autonomy. We argue that, while this move may indeed make liberalism more compatible with cultural diversity, it also makes it more vulnerable to the libertarian challenge of charity. Not all versions of liberalism are troubled by the challenge, but those that are troubled by it are increasingly dominant. We also discuss G.A. Cohen's claim that liberal equality requires an ‘egalitarian ethos’ and argue that, if Cohen is right, it is difficult to see how there can be an adequate response to the libertarian challenge of charity. In general, our argument can be summarised as follows: the more that liberalism is concerned accurately to model the actual democratic wishes and motivations of the people it governs, the less it is able to justify coercively imposing redistributive principles of justice. (shrink)

This article argues that Hegel's political philosophy is grounded in the idea of mutual recognition, and the associated notion of the subject, which he derived from Fichte and elaborated in the Phenomenology of Spirit and Philosophy of Mind.

Patient consent has been formulated in terms of radical individualism rather than shared benefits. Medical education relies on the provision of patient consent to provide medical students with the training and experience to become competent doctors. Pelvic examination represents an extreme case in which patients may legitimately seek to avoid contact with inexperienced medical students particularly where these are male. However, using this extreme case, this paper will examine practices of framing and obtaining consent as perceived by medical students. This (...) paper reports findings of an exploratory qualitative study of medical students and junior doctors. Participants described a number of barriers to obtaining informed consent. These related to misunderstandings concerning student roles and experiences and insufficient information on the nature of the examination. Participants reported perceptions of the negative framing of decisions on consent by nursing staff where the student was male. Potentially coercive practices of framing of the decision by senior doctors were also reported. Participants outlined strategies they adopted to circumvent patients’ reasons for refusal. Practices of framing the information used by students, nurses and senior doctors to enable patients to decide about consent are discussed in the context of good ethical practice. In the absence of a clear ethical model, coercion appears likely. We argue for an expanded model of autonomy in which the potential tension between respecting patients’ autonomy and ensuring the societal benefit of well-trained doctors is recognised. Practical recommendations are made concerning information provision and clear delineations of student and patient roles and expectations. (shrink)

Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

Discussion of political and legal citizenship requires attention to social solidarity. Current approaches to citizenship, however, tend to proceed on abstract bases, neglecting this sociological dimension. This is partly because a tacit understanding of what constitutes a `society' has been developed through implicit reliance on the idea of `nation'. Issues of social belonging are addressed more directly in communitarian and multiculturalist discourses. Too often, however, different modes of solidarity and participation are confused. Scale is often neglected. The model of `nation' (...) again prefigures the ways in which membership and difference are constructed. The present paper suggests the value of maintaining a distinction among relational networks, cultural or legal categories, and discursive publics. The first constitute community in a sense quite different from either of the second and third. Categories, however, are increasingly prominent in largescale social life. But the idea of the public is crucial to conceptualizing democratic participation. (shrink)

Autonomy as a personal ideal presupposes a conception of the self who owns and rules in a life that exemplifies the ideal. Philosophical discussion of autonomy continues to be injuenced by the thesis that the governing core of the self resides in our capacities for disengaged rational reflection, even when the thesis is not explicitly avowed. This conception of autonomy is shown to be inadequate because it alienates us from what matters in our lives. An alternative conception of autonomy is (...) presented that accords a substantial role to rejection and choice within an autonomous life without falling preq, to the charge of alienation. Some divergent implications of the two rival conceptions of autonomy for an understanding of liberal education are examined. Finally, the question of the value of autonomy from a social perspective is briefly discussed. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...) argues that the empirically based analysis can generate criteria for assessing whether the normative theory successfully works out a solution, thereby developing a functionalist structure of justification. He further argues that this interpretation overcomes a longstanding criticism of constructivism, namely, that the use of substantive moral concepts in the hypothetical choice procedure biases the defense of principles in a particular direction and therefore begs important philosophical questions. (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)

We have found that a sparse version of the claim that alienated labor is a bad thing can inform a political morality without turning that morality into one which makes more comment on people's ends than the liberal can accept. We have also seen that a modification of the ideas of alienation from our species being can play a limited role in a liberal political morality, but that the rational kernel of the critique from species alienation is already a familiar (...) part of the liberal tradition. However, the substantive view of the good life - as one which essentially involves engagement in communal ties and satisfying labor - cannot play the role which certainly many Marxists would like it to play in their critique of capitalism, at least if their critique is to be recognizably liberal. Why should it matter so much that Marxists be able to accommodate central liberal insights? It is not because a political morality has to be liberal in order to be successful in the real world: history and the contemporary world are full of examples of political views which command wide assent despite (or because of) their illiberality. But the foreseeable stages of a socialist society will be plagued by the circumstances of justice as they have been classically conceived. A socialism which is sufficiently better than capitalism to be worth the significant risk and sacrifice it is likely to require must be liberal in the sense that it can be regarded as defensible to each person who is actually subject to it. This does not require that it accommodate the greed of the greedy or the injustice of the unjust. But it does require that it not presume the unworthiness of the moral commitments of its reasonable citizens. 47. (shrink)

Abstract Susan Moller Okin has criticized Michael Sandel's view that the family is an example of an institution that is sometimes ?above? or ?beyond? justice, and for which justice is not, under the best conditions, a virtue. She argues that he both misses the point of justice as a virtue of social institutions and that he idealizes the family, and after undertaking this ?ground-clearing?, goes on to argue that families should be just. This paper offers a qualified defense of Sandel. (...) I argue, first, that Sandel has not missed the point of justice as a virtue of social institutions. But I go on to argue, more centrally, that if we distinguish between what I call ?internal? and ?social? justice of the family, and look carefully at the conclusions of Okin's own arguments, we see that she has really argued for the social justice of the family, and that this can be maintained alongside Sandel's vision of the family as an institution within which considerations of justice are neither central, nor necessarily appropriate. I try to carve out space both for Sandel's vision of the family, and for Okin's substantive feminist conclusions about family-based gender injustice. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

1. The International Convention on the Rights of Child (CRC) (UNGA 1989) stands as the lighthouse which guides discussions on how to address global justice for children. Consensus exist both in the...

Against the backdrop of emerging medical technologies that promise transgression of temporal limits, this paper aims to show the importance that an individual lifetime’s finitude and fugacity have for the question of the good life. The paper’s first section examines how the passing of an individual’s finite lifetime can be experienced negatively, and thus cause “suffering from the passing of time.” The second section is based on a sociological analysis within the conceptual framework of individualization and capitalism, which characterizes many (...) modern individualized and consumerist societies and explains how the described problem of time’s passage is particularly relevant today. The paper then proceeds to show and discuss how individuals employ various, primarily medical, enhancement-technologies like social egg freezing, anti-aging-medicine and physical- and neuro-enhancement in an attempt to overcome time’s passing. Finally, the paper seeks to explain why such attempts fail and, moreover, why it is exactly the awareness of time’s passing that can constitute a prerequisite for a good life. (shrink)

Roger Silverstone proposed media hospitality as an important element of media ethics. I agree that media hospitality can make a valuable contribution to media ethics. However, I have doubts about grounding media hospitality in what has been referred to as the “deductive abstractions and absolutist language of much media ethics theorizing” founded on Enlightenment assumptions. Despite his own reservations about Enlightenment theorizing, I propose that Silverstone's account ultimately suffers from these problems of abstraction and absolutism, as seen most clearly from (...) the vantage point of Alasdair MacIntyre's neo-Aristotelian theory of virtue ethics. (shrink)