This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in which different principles (...) of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first sketches five possible (...) reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper I argue that Rawls (...) cannot explain how civil disobedience may be effective as a public appeal for social justice because he does not fully understand what it means for civil disobedience to be public in relation to the public sphere. His analysis would require an additional notion of publicity which, as I argue, is the notion of hermeneutical publicity. From a Bourdieusian perspective I then make a case for the claim that public spheres always suffer from hermeneutic invisibility. This may explain why non-violent appeals for social justice fail as dialogical practices. Finally I suggest how we nevertheless could understand that civil disobedience can be effective as a dialogical practice. (shrink)

. In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so‐called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be a mistake to see (...) a contractarian theory of justice, such as Rawls's justice as fairness, as grounding the social contract in a public use of reason. Such a contract would indeed be susceptible to endless conflicts and renegotiations and would never achieve consensus. Therefore, a distinction must be made between the values of justice that are present in and through the “original” contractual position and the that regulate the public sphere and guarantee its stability. (shrink)

It is often argued that Michael Walzer’s theory of social criticism, which underpins his theory of justice, is not much of a theory at all, but rather an impressionistic collection of historical anecdotes. Contrary to this perception, I argue that Walzer’s method can be accurately described as a version of John Rawls’ well-known method of wide reflective equilibrium. Through a systematic comparison it can be shown that the two methods are strikingly similar. This implies that, far from the critics’ claim, (...) Walzer’s method can be described as a philosophically sophisticated method. This also adds credibility to Walzer’s views on politics and justice. (shrink)

Fogelin’s Wittgensteinian view of deep disagreement as allowing no rational resolution has been criticized from both argumentation theoretic and epistemological perspectives. These criticisms typically do not recognize how his point applies to the very argumentative resources on which they rely. Additionally, more extremely than Fogelin himself argues, the conditions of deep disagreement make each position literally unintelligible to the other, again disallowing rational resolution. In turn, however, this failure of sense is so extreme that it partly cancels its own meaning (...) as a failure of sense. Consequently, it paradoxically opens new possibilities for sense and therefore rationally unexpected resolutions. (shrink)

The existence of a plurality of communities, a diversity of norms, and the ultimate contingency of all decisions in modern societies complicates the task of academics and practitioners who wish to be ethical. In this paper, we envisage and articulate a dialogical, communitarian approach to embedding business ethics that requires business ethicists to more reflexively engage with practitioners in working on and representing the normative criteria that people in organisations use to deal with moral dilemmas in business. We promote the (...) idea that business ethicists should not only cross the divide between normative ethics and empirical research, but also take a step beyond the empirical to become more active change agents. As potential exemplars of this approach in practice, we explore how self-critique and cross-disciplinary collaboration in education and teaching might be used by academics to engage current and future business ethicists, as well as managers, in dialogic partnership. In an organisational context, we also propose a three-part approach to embedding reflexive ethics in practice, through dialogic research, debate, and re-presentation of ideas. We contend that our approach has more efficacy than the traditional grand theories of ethics or more focused theories of business ethics, such as Integrated Social Contract Theory; it has the potential to provide more grounded, and therefore more practical, advice to academics, current and future business ethicists, and business practitioners. (shrink)