In the Confucian tradition, the ideal government is called "benevolent government" (ren zheng), central to which is the ruler's parental love toward his people who he deems as his children. Hanfeizi criticized this seemingly innocent political idea by pointing out that (1) not only is the state not a family but even within the family parental love is short of making the children orderly and (2) ren as love inevitably results in the ruin of the state because it confuses what (...) is right/meritorious with what is not, thus disrupts the legal system. In this paper, I defend Confucian virtue politics against Hanfeizi's criticisms. I argue that by failing to grasp the complex nature of ren that encompasses both emotion (ren as love) and moral virtue (ren as filiality), Hanfeizi also failed to understand the actual process in which the ruler's parental love is extended to the people. (shrink)

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting (...) or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Plato's _Republic_ divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the virtuous mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice in terms of respect, structural (...) analogies become apparent between “recognition” and “appraisal” respect, on the one hand, and Rawls' two principles of justice on the other. The present view is then compared to “social egalitarian” theories of justice and the essay concludes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

Wem wird geglaubt und wem nicht? Wessen Wissen wird weitergegeben und wessen nicht? Wer hat eine Stimme und wer nicht? Theorien der epistemischen Ungerechtigkeit befassen sich mit dem breiten Feld der ungerechten oder unfairen Behandlung, die mit Fragen des Wissens, Verstehens und Kommunizierens zusammenhängen, wie z.B. die Möglichkeit, vom Wissen oder von kommunikativen Praktiken ausgeschlossen zu werden oder zum Schweigen gebracht zu werden, aber auch Kontexte, in denen die Bedeutungen mancher systematisch verzerrt oder falsch gehört und falsch dargestellt werden, in (...) denen manchen misstraut wird oder es an epistemischer Handlungsfähigkeit mangelt. In diesem Buch wird eine Übersicht über die breite Debatte epistemischer Ungerechtigkeit, epistemischer Unterdrückung und epistemischer Gewalt gegeben, in dem unterschiedliche Theorien, die sich auf der Schnittstelle von Gerechtigkeitstheorie und epistemischen Fragen befinden, systematisch und kritisch diskutiert sowie theoretische Vorgänger dieser Theorien beleuchtet werden. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

This article analyzes the relationship between the ideas of cruelty and injustice in Judith Shklar’s political theory. Shklar’s The Faces of Injustice is sometimes read as an instantiation of the liberalism of fear, which regards cruelty and the fear that it inspires as the summum malum. I challenge this interpretation and instead argue that her account of injustice should be read independently of her commitment to the liberalism of fear. In doing so, I show how her exploration of the faces (...) of injustice—especially the importance she accords to passive injustice and the sense of injustice—raises important challenges for the liberal case for putting cruelty first. Although democratic attitudes and institutions constitute the best available remedy for the sense of injustice, on Shklar’s account, those who focus too much on the requirements of democratic citizenship risk treating injustice as a greater evil than cruelty, which could, in turn, facilitate cruelty and undermine liberal democracy. I conclude by suggesting that the republican-inspired theory of citizenship from The Faces of Injustice, which Shklar outlines in response to the problem of passive injustice, reflects a distinct strand of her political theory that goes beyond the more familiar defense of law-bound constitutional government associated with the liberalism of fear. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

Journal of Social Philosophy, EarlyView.

A main goal of this paper is to complicate “learning loss” as the only, or even the main, thing schools should be concerned about as they respond to the Covid-19 pandemic. While schools have a responsibility to make sure students who are enrolled in school are learning, this cannot come at the cost of ignoring the other substantial losses students are also contending with. Following the work of Jonathan Lear, I make the case that schools should engage students in a (...) process of learning how to mourn for their individual and our collective losses, while also considering ways that school can move beyond narrow conceptions of the purposes of school and to a deeper appreciation for the ways that an education can promote human excellence. As this pandemic wears on, it becomes harder and harder to do anything but endure. One goal of this paper is to serve as a reminder that schools can do more than endure: they can envision new possibilities for schooling that promote conceptions of wellbeing that go beyond fear of learning loss. (shrink)

Housing has become a political problem in the vast majority of cities around the world, highlighting obvious injustices. The article pursues the question to what extent the existing human right to housing can be of any interest here. The practice-based approach of Charles Beitz can help against the background of some systematic supplements. A ‘negative’ approach that distinguishes forms of injustice is an important prerequisite for a substantial use of human rights. The negative approach makes it possible to uncover injustices (...) and shows the obstacles that stand in the way of a practice-based conception of human rights. The practice-based conception is, at the same time, necessary for the social analysis of the obstacles, in order to analyse human rights as well as to be able to justify human rights themselves. The current commodification of housing it is argued impedes the exercise of a practice-based conception of human rights in the way that Charles Beitz has suggested. (shrink)

Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to address the current (...) concerns over democratic backsliding in India. (shrink)

In this paper, I consider what one might call a negative-critical turn in egalitarian political theorizing, according to which egalitarians should not begin with a positive account of how a society...

Constellations, Volume 29, Issue 1, Page 65-79, March 2022.

This article addresses two questions: How should a ‘practical political theory’ approach the ideological struggle between advocates of critical social justice and defenders of free speech? And, what does this conflict tell us about the deficits of one particular tradition of practical political theory — namely, agonistic democracy? The paper’s purpose, then, is to illuminate a concrete contemporary phenomenon through the lens of agonistic theory and, conversely, to use this struggle as an impetus to carve out and address weaknesses in (...) the theory of agonism.I defend an ‘agonistic approach’ to the struggle against two alternatives — first, the claim that there is, conceptually, no ‘real’ conflict between social justice and free speech, and second, the strategy to ‘take sides’ in the conflict. By taking seriously the agonistic core idea that struggle and conflict can be valuable and productive expressions of plurality and inclusivity, I argue that this struggle should be approached as an agonistic conflict — as the welcome and important expression of a diversity of views on central social, moral and political questions.I also show, however, how retaining the focus on the real-life struggle between advocates of critical social justice and free-speech sheds light on the inconsistencies of much agonistic thought. In particular, I will criticize those agonists who limit their conception of the ‘agon’ to respectful struggles, and those who see the agon merely as a tool of emancipation for oppressed groups. Against these visions of agonism, I develop an anti-perfectionist, yet radical, account of agonism with the potential to serve as a guide in complex social and political conflicts. (shrink)

Sex. Die meisten von uns haben ihn. Mal schlecht, mal gut, manchmal phänomenal. Die wenigsten denken lange drüber nach. Oder reden offen drüber. Dabei ist gar nicht so klar, was Sex eigentlich gut macht. Und wann ist Sex schlecht? Oder nicht nur schlecht, sondern sogar moralisch problematisch? Hilkje Hänel zeigt, dass es gar nicht so einfach ist, zwischen (moralisch) problematischem Sex und gutem Sex klar zu unterscheiden und dass es dabei häufig vor allem auf den Kontext und unsere Kommunikation ankommt. (...) Auf der Basis aktueller Wissenschaft und medialer Bewegungen wie #MeToo verteidigt Hänel ihre Ansichten gegen die wichtigsten Einwände und argumentiert für mehr Respekt im Bett. (shrink)

This article argues that Hannah Arendt’s thought can offer significant insights on political judgement for realism in political theory. We identify a realist position which emphasises the need to account for how humans judge politically, contra moralist tendencies to limit its exercise to rational standards, but which fails to provide a sufficient conception of its structure and potential. Limited appeals to political judgement render the realist defence of the political elusive and compromise the endeavour to offer a meaningful alternative to (...) the moralist tendency to displace politics. The potential and limitations of realist discussions on judgement are made visible in relation to proto-realists Judith Shklar and Isaiah Berlin. In seeking to enrich the realist conception of the political, the article introduces the displacement critique found in the neglected Arendtian ‘realism’. It also provides the foundations for a distinctly realist account of political judgement which, we argue, requires elaboration along two dimensions: the social coding of political judgement and the political capacities that help judgement build a suitable political sphere. (shrink)

Journal of Social Philosophy, EarlyView.

Two college-age samples, one from the United States and one from Spain, were studied with mixed methods, phenomenological and traditional experimental - regarding the alleged foundational topic of `unfairness'. Participants gave their instantiations of `It's not fair!', which were deconstructed and qualitatively analyzed to find and compare the essential types of unfairness. Using traditional experimental methods, unfairness vignettes were rated by severity and quantitatively analyzed, to see whether the two cultural groups make similar or different distinctions among the concepts of (...) `unfairness', `injustice' and `misfortune'. From qualitative analyses, the fairness principles of `equity' and `equality' appeared in both groups, but `honor and dignity' violations were much more frequent in the Spanish group, as different fairness principles interacted in complex ways. From the quantitative analyses, `unfairness' was the broadest of the three concepts, extending beyond `injustice' and both cultural groups viewed `misfortunes' as `unfairnesses'. Implications for a commonsense morality across cultures are discussed. (shrink)

This article discusses why the theme of exile, marginality and the role of outsiders occupied Judith N. Shklar and how it impacted on her teaching and writing. More specifically it draws on Shklar’s last Harvard lectures and essays in which she reflects systematically on the questions of obligation and exile. It maintains that the relatively late turn towards exile is neither accident nor retrospective construction. Throughout her adult life Judith Shklar argued from a position of ‘optimal marginality’ – what has (...) been called ‘exile from exile’ − that allowed her to situate and present herself simultaneously as an outsider and to present her political theory as a kind of pedagogic and maieutic discourse. This was a way of turning traumatic personal experiences into a creative academic performance marked by true intellectual curiosity. (shrink)

The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, and medical (...) ethics in particular. Part II introduces the idea of non-maleficence as a principle of social justice. Parts III and IV define the principle of justice as non-maleficence in terms of its scope and coherence, while Part V argues that the motivation of not doing harm makes this principle an alternative to two well-established paradigms in the literature on social justice: justice as mutual advantage (David Gauthier) and justice as impartiality (Brian Barry). (shrink)

This article outlines the chief challenges concerning the philosophical theories of emancipation and clarifies the solutions provided by a so-called negative theory of justice. Besides highlighting the classic questions that every philosophical theory of emancipation is expected to answer, the article aims to highlight the link between this theoretical framework and an immanent critique of conditions of domination. Moreover, it sheds light on the main differences between this theoretical perspective and Honneth’s theory of recognition, Fraser’s three-dimensional conception of justice, and (...) the critique of power relations recently advanced by Rainer Forst. The comparative analysis of these theoretical approaches will make it possible to highlight and appreciate the main merits of a so-called negative theory of justice that combines a multidimensional diagnosis of existing asymmetries of power with an immanent critique of their justifications. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

Over the last years, the debate over global justice has moved beyond the divide between statist and cosmopolitan, as well as ideal and non-ideal approaches. Rather, a turn to empirical realities has taken place, claiming that normative political philosophy and theory need to address empirical facts about global poverty and wealth. The talk argues that some aspects of the earlier “Critical Theory” and its notions of negativity, praxis, and communicative power allow for a non-empiristic link between normative theory and a (...) well-informed social science analysis that is based on experienced injustice. The analysis of border politics and housing politics will serve as an example for a critical theory of global injustice that addresses regressive as well as emancipative developments in society. (shrink)

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human injustice to (...) human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

In my research, I will try to study the notion of epistemic injustice by focusing on Miranda Fricker’s work in the area of epistemic injustice. Miranda Fricker talks about two forms of epistemic injustice which, she believes, are distinctively epistemic in nature. These two forms of epistemic injustice are testimonial injustice and hermeneutical injustice which help us to understand the epistemic injustice faced by an individual or a social group. So we can say that these two categories provide us with (...) the theoretical tools to formulate and theorize about distinct kinds of epistemic injustice, which can’t be easily formulated in Goldman’s VSE model1 and other models of social epistemology. (shrink)

Ill persons suffer from a variety of epistemically-inflected harms and wrongs. Many of these are interpretable as specific forms of what we dub pathocentric epistemic injustices, these being ones that target and track ill persons. We sketch the general forms of pathocentric testimonial and hermeneutical injustice, each of which are pervasive within the experiences of ill persons during their encounters in healthcare contexts and the social world. What’s epistemically unjust might not be only agents, communities and institutions, but the theoretical (...) conceptions of health that structure our responses to illness. Thus, we suggest that although such pathocentric epistemic injustices have a variety of interpersonal and structural causes, they are also sustained by a deeper naturalistic conception of the nature of illness. (shrink)

By now one might hope that the robust body of theoretical work recently published on immigration ethics would have taken general political philosophy a long way from the prevailing Rawlsian-style insularity premise, according to which society is “a closed system isolated from other societies” into which persons “enter only by birth and exit only by death.” But there are still a great many political theorists whose focus is unreflectively endogenous and who assume away questions of states’ constitutive scope and boundaries. (...) One of the signal merits of David Miller's new book,Strangers in Our Midst, is that it lucidly demonstrates why ignoring state boundary constitution is untenable for political theory. Miller shows that foundational debates in political philosophy are inescapably related, both as premise and entailment, to many normative immigration questions. (shrink)

What features of structural injustice distinguish it from mere collections of injustices committed by individuals? I argue that the standard model of moral judgment that centers agents and actions fails to adequately articulate what’s gone wrong in cases of structural injustice. It fails because features of the social world that arise only at large scale are normatively salient, but unaccounted for by the standard model. I illustrate these features with historical examples of normatively-different outcomes driven by institutional structure rather, holding (...) fixed characteristics of agents’ motivations. I then defend the view from reductionist objections. (shrink)

"While Lu invokes Shklar's 'liberalism of fear' as a 'transcendence' of the politics of friend and foe, I regard it as an attempt to give liberalism political purchase by identifying its true foe, those whose political convictions make them insensitive to cruelty, and especially to physical cruelty.".

This paper raises several concerns about vulnerability as an alternative language to conceptualize injustice and politicize its attendant injuries. First, the project of resignifying “vulnerability” by emphasizing its universality and amplifying its generative capacity, I suggest, might dilute perceptions of inequality and muddle important distinctions among specific vulnerabilities, as well as differences between those who are injurable and those who are already injured. Vulnerability scholars, moreover, have yet to elaborate the path from acknowledging constitutive vulnerability to addressing concrete injustices. Second, (...) vulnerability studies respond to, and have been shaped by, debates in the 1980s and 1990s over oppression, identity and agency. This genealogy needs to be acknowledged and evaluated. As I demonstrate, prominent theorists define vulnerability in contradistinction to victimization, adopting neo-liberal formulations of victims and victimhood. Finally, I turn to address the politics of vulnerability. At issue are not simply matters of utility or programmes for implementation, but the fraught relationship among ontology, ethics and politics, which I address through an engagement with Rancière's conception of the political and the case of the Black Lives Matter movement. (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

On realist terms, politics is about power, security, and order, and the question of whether politics can practice compassion is irrelevant. The author argues that a politics of compassion is possible and necessary in order to address human security needs. She extend debates on care ethics to develop a politics of compassion, using the example of asylum seekers to demonstrate that politics can practice compassion with attentiveness to the needs of vulnerable people who are suffering, an active listening to the (...) voices of the vulnerable, and open, compassionate, and appropriate responses to particular needs. (shrink)

The prospect of rescuing a person in immediate peril seems at first glance to be an unqualified good. Take, for example, the events of April 15, 2013, at the 117th Boston Marathon. Two consecutive...

Tomando como pretexto la teoría política de Walzer, el presente artículo pretende mostrar la necesidad de política en los tiempos y sociedades actuales. A pesar de lo depauperada y defenestrada que ésta pudiera parecer, sigue siendo necesario articular su papel en nuestras sociedades y mostrar su rol clave para librarnos de problemas tan omnipresentes como puede ser la corrupción en nuestros días. Para ello trataremos de indagar en cuál es el papel de la política y cómo es su relación con (...) la sociedad civil y otras esferas de actuación, poniendo en valor su necesidad. Using as a pretext Walzer’s political theory, this article aims to show the need for politics in our times and contemporary societies. In spite of the impoverished and defunct it may seem, it is still necessary to articulate its role in our societies and show its main role to get rid of omnipresent problems such as corruption nowadays. For all these reasons, we’ll try to investigate what is the role of politics and what is the relationship with civil society and other spheres of activity, taking into consideration its need. (shrink)

There is all over the world a sort of fever affecting all the research fields related, closely or somewhat loosely,with human health issues. Some of them – cloning, therapeutic cloning, stem cell therapy, human enhancement, etc. – arise fierce and controversial public debates. At the same time, a concern can be felt worldwide that tomorrow’s medicine might well become more and more « dual », the advanced health devices threatening to become the privilege of a small whealthy minority, or at (...) least excluding the vast majority of the poor and the low middle class. Furthermore, there are even greater disparities between wealthy and poor nations in access to health care and in the level of protection available to members of the latter’s population in a medical context. The theme of rationing health care has been ongoingly gaining in prevalence over the two to three last decades in the public debates, causing many to express worries about the ability of our health system to provide both efficiency and justice in health care. But, among all the new health care devices, are there not some which could be efficient both in terms of improvement of the management of patients’ health and of a just allocation of care ? Besides, not only emerge concerns linked with the development of new technologies in health care, but also in connection with the impact of social-political transformations onto the medical relationship : what are in this context the doctor-patient relationship in regard to autonomy and gender ? Should we be free to use or not to use these new technologies ? Might not the « quest for perfection » develop into a duty of perfection ? And, with the improvement of the therapeutic power to prolong human life, are we to think of assisted suicide as the future of death ? These are some of the issues that this conference wants to adress from an ethical perspective and with rigour. To enrich our discussions also medical and life science praticioners willing to reflect ethically on moral questions of health issues in their professional life and politicians faced with ethical decisions in the domain of health are welcome to participate. (shrink)

One of the features of John Locke’s moral philosophy is the idea that morality is based on our beliefs concerning the future good. In An Essay Concerning Human Understanding II, xxi, §70, Locke argues that we have to decide between the probability of afterlife and our present temptations. In itself, this kind of decision model is not rare in Early Modern philosophy. Blaise Pascal’s Wager is a famous example of a similar idea of balancing between available options which Marcelo Dascal (...) has discussed in his important 2005 article “The Balance of Reason”. -/- Leibniz, however, was not always satisfied with this kind of simple balancing. In his commentary to Locke’s Essay, Nouveaux essais sur l’entendement humain, II, xxi, §66, he presented an alternative model which is based on an idea of plural, mutually conflicting inclinations. This kind of model, called as vectorial theory of rational decision by Simo Knuuttila, fits well with Leibniz’s theory of the soul where volitions are formed as a kind of compromise between different inclinations to different goods. -/- I will present these two models and show how they illustrate the practical rationality of Locke and Leibniz and how their moral philosophies differ, although being similar in certain respects. The topics include Leibniz’s criticism of Lockean hedonism and the discussion of akratic behaviour in II, xxi of Essay and Nouveaux essais. (shrink)

Judith Shklar’s dictum, ‘the worst evil of cruelty’, is well known. What this means for her political theory and how such theory is construed are rarely explored. This article maintains that Shklar’s turn towards cruelty/suffering has a specific role in the development of her political argument. It allows her both to curb her long-standing skepticism, and to use it creatively. This is because suffering must be examined from the perspectives of history and philosophy, which produce two sets of knowledge, each (...) limiting the overbearing tendencies of the other. The way Shklar uses the tension between history and philosophy for progressive purposes, and her idea that politics can mediate between history and philosophy, makes her a very contemporary theorist, similar to those who critically engage foundationalism without wanting to dispose of it completely. Approaching Shklar’s ‘Putting Cruelty First’ through her engagement with history and philosophy, and making use of the concepts of ‘realism’ and ‘weak ontology’ to do so are a more productive route to understanding her dictum than the usual one of examining it through the prism of her ‘liberalism of fear’. (shrink)

The concept of the ‘well-being of the child’ (like the ‘child’s welfare’ and ‘best interests of the child’) has remained underdetermined in legal and ethical texts on the needs and rights of children. As a hypothetical construct that draws attention to the child’s long-term welfare, the well-being of the child is a broader concept than autonomy and happiness. This paper clarifies some conceptual issues of the well-being of the child from a philosophical point of view. The main question is how (...) well-being could in practice acquire a concrete meaning and content for a particular issue or situation. A phenomenological-hermeneutic research perspective will be outlined that allows the child’s well-being to be elucidated and specified as an anthropological and ethical idea. It is based on a contextual understanding of generative relationships, a combination of the theory and practice of making sense, here described as ‘generative insight’, which could provide ethical guidance for decision making in families, legal practice, medicine or biomedical research. (shrink)

The documentary film is a popular curriculum tool, and the goal of this paper is to expand the educational significance of the documentary genre I argue that current understandings of this genre are limited and limiting, and offer an alternative perspective on the genre. This alternative will be built from Stanley Cavell’s philosophy of education, in particular, his understanding of the role that ‘representativeness’ plays in teaching and learning.

Hayek's argument that social justice is a mirage consists of six claims: that the very idea of social justice is meaningless, religious, self‐contradictory, and ideological; that realizing any degree of social justice is unfeasible; and that aiming to do so must destroy all liberty. These claims are examined in the light of contemporary theories and debates concerning social justice in order to assess whether the argument's persuasive power is due to sound reasoning, and to what extent contemporary theories of justice (...) meet or escape the Hayekian challenge. (shrink)

Mining companies in Australia are increasingly required to interact with Indigenous groups as stakeholders following Native Title legislation in the early 1990s. A study of five mining companies in Australia reveals that they now undertake a range of programs involving Indigenous communities, to assist with access to land, and to enhance their public profile. However, most of these initiatives emanate from carefully quarantined sections of mining companies. Drawing upon cross-cultural and diversity research in particular, this paper contends that only initiatives (...) that strive towards power sharing with Indigenous groups and strategies for broadening the organizational interface with Indigenous groups, will contribute to more ethical practices in mining and other companies. (shrink)

The article argues that the possibility of an unlimited gap in income and wealth between the top and bottom segments of society is incompatible with a democratic commitment to political equality. T...

Judith Shklar has been invoked by contemporary realists as an example of how history is a better source of political knowledge than abstract philosophy. This emphasis on history challenges the predominant understanding of her political theory that stresses the universality of fear of cruelty. This contrast between history and moral universalism invites a serious investigation of Shklar's historical method. This article takes up this task by reconstructing a Shklarian historical method based on a tripartite relation between historical memory, democratic citizenship, (...) and historically minded political theory. This reconstructed historical method challenges the boundaries of Shklar's liberalism and broadens the possibilities that her political theory can offer. (shrink)