Deliberative democracy harbors a recurrent tension between full inclusion and intelligible speech. People with profound cognitive disabilities often signify this tension. While liberal deliberative theorists sacrifice inclusion for intelligibility, this exclusion is unnecessary. Instead, by analyzing deliberative locations that already include people with disabilities, I offer two ways to revise deliberative norms. First, the physical presence of disabled bodies expands the value of publicity in deliberative democracy, demonstrating that the publicity of bodies provokes new conversations similar to rational speech acts. (...) Second, the inclusion of people with profound disabilities necessitates a form of collaborative speech in which individuals make claims collaboratively. Habermas offers an ideal site to pursue this analysis because he recognizes the theoretical tension between inclusion and intelligibility and because his personal testimony reveals important insight into the lived experience of disability. (shrink)

Reflections on Little Rock is one of Hannah Arendt’s most controversial writings. Read from the perspective of the political philosopher, it appears even more contentious than her famous remarks in Eichmann in Jerusalem. In the last two decades, a number of critical contributions have been published addressing this essay, highlighting how it casts serious doubts on the correctness of Arendt’s dealing with the racial question and, more generally, on the tenability of central elements of her political thought – e.g., her (...) distinction between the political and the social. However, only occasional – and, as I will try to demonstrate, quite imprecise – analyses of the implications of RLR for an understanding of Arendt’s view of judgment have been produced. The aim of the present article is to reread what both Arendt’s position on judgment and its main contemporary reformulation, advanced by Linda Zerilli, imply for the making of political choices in pluralistic societies. Special attention will be... (shrink)

Our approach to global bioethics will depend, among other things, on how we answer the questions whether global bioethics is possible and whether it, if it is possible, is desirable. Our approach to global bioethics will also vary depending on whether we believe that the required bioethical deliberation should take as its principal point of departure that which we have in common or that which we have in common and that on which we differ. The aim of this article is (...) to elaborate a theoretical underpinning for a bioethics that acknowledges the diversity of traditions and experiences without leading to relativism. The theoretical underpinning will be elaborated through an exploration of the concepts of sameness, otherness, self and other, and through a discussion of the conditions for understanding and critical reflection. Furthermore, the article discusses whether the principle of respect for the other as both the same and different can function as the normative core of this global bioethics. The article also discusses the New Jersey Death Definition Law and the Japanese Transplantation Law. These laws are helpful in order to highlight possible implications of the principle of respect for the other as both the same and different. Both of these laws open the door to more than one concept of death within one and the same legal system. Both of them relate preference for a particular concept of death to religious and/or cultural beliefs. (shrink)

I construct an analysis of social trust that attends distinctively to cooperation in social relations that has the capability to (begin to) counter the default social distrust obtained due to oppressive conditions via a form of collective reasoning. For social trust to overcome oppression it must be a normatively transparent form of trust. Transparent trust can counter the effects of oppression on social interaction and foster social cooperation by correcting unequal positions of social vulnerability and improving disparities in credibility resultant (...) of oppression since collective reasoning in norm legitimization permits all individuals to participate in the process of self and other defining and the development of the concomitant norms that guide these processes. (shrink)

In 2017, the artist Dana Schutz presented her painting, Open Casket, at the Whitney Biennial. Both the painting and the painter were subsequently subjected to criticism from the art world. A central critique was that Schutz usurped the story of Emmett Till and that, as a white woman, she had no right to do so. Much can—and has—been said on the appropriateness of Schutz's painting. In this article, I argue that Open Casket is a site of oppression, an object that (...) both reflects and reinforces dominant racial hierarchies. Specifically, I argue that Open Casket is a case of what Linda Alcoff calls “the problem of speaking for others”: when a member of a privileged social group speaks on the social experiences of an oppressed group, effectively silencing that group. I explore the moral and epistemic implications of Open Casket and related works and provide some reasons to think that socially privileged persons should not depict the experiences of socially oppressed persons—at least in many cases. I conclude by presenting some conditions under which it may be appropriate for privileged artists to speak for oppressed groups. (shrink)

Extensive discussions of practical wisdom are relatively rare in the philosophical literature these days. This is strange given the theoretical and practical importance of wisdom and, indeed, the etymology of the word "philosophy." In this paper, we remedy this inattention by proposing a methodology for developing a theory of wisdom and using this methodology to outline a viable theory. The methodology we favor is a version of wide reflective equilibrium. We begin with psychological research on folk intuitions about wisdom, which (...) helps us to avoid problems caused by reliance on the possibly idiosyncratic intuitions of professional philosophers. The folk theory is then elaborated in light of theoretical desiderata and further empirical research on human cognitive capacities. The resulting view emphasizes policies that the wise person adopts in order to cope with the many obstacles to making good choices. (shrink)

This article investigates the structure of racialized conflict experience. Embarking from a conflict event in Ta-Nehisi Coates's autobiography Between the World and Me and contrasting the work of Maurice Merleau-Ponty and Alfred Schutz with insights from Black phenomenology, I argue that Coates's experience discloses conflictual, but intertwined, modes of being-in-the-world. Further, it presents an instantiation of a particular kind of conflict, i.e., corporeal conflict. Corporeal conflict applies whenever the body is politicized, i.e., when it becomes the marker for traits representative (...) of a rival political group. Understood this way, racialized conflict is always political. I conclude the article with some remarks on the shortcomings of two dominant conflict theories in political philosophy and the potential for an alternative, phenomenological approach that enables new ways of engaging the other in conflict. The analysis is preceded by a meditation on the role of the White researcher in critical philosophy of race. (shrink)

This article investigates the forms of respect and responsiveness that must be present in the process of practical reason. Drawing upon Jürgen Habermas’ discourse theory and his incidental remarks about aesthetics, I identify two modes of respect. The first is the mutual respect and equality that emerges in the process of coming to agreement on proposed norms; the second is the call to infinite responsibility that emerges in opening to the transcendent character of others. However, Habermas makes an error in (...) treating these two types of response as appropriate for different classes of beings when he suggests that mutual respect is appropriate for humans, but asymmetry is appropriate when humans deal with animals or others who are incapable of communicative action. Rather, drawing upon the work of Emmanuel Levinas, I argue that both responses are always present in all encounters with the world. There is therefore an aporia at the heart of the process of practical reason: the responsiveness required in the exercise of practical reason demands that participants be open not just to another's opinions and claims, but also to precisely that which is not understood, which entails the idea of infinite responsibility. It is the movement between these orientations that enacts the main features of ethical life. (shrink)

I develop a model of love or care between children and their parents guided by experiences of parents, especially mothers, with disabilities. On this model, a caring relationship requires both parties to be aware of each other as a particular person and it requires reciprocity. This does not mean that children need to be able to articulate their interests, or that they need to be self-reflectively aware of their parents’ interests or personhood. Instead, parents and children manifest their understanding of (...) one another as unique, irreplaceable individuals, with identifiable needs and interests through their interactions with one another. (shrink)

The ensting literature on filial morality has an important gap. It explores responsibilities adult children have toward their elderly parents, and ignores questions about responsibilities of dependent children. Filling this gap involves specifying what competent and morally decent social parents can kgitimately expect from children. I argue that it is appropriate to expect and encourage young dependent children to demonstrate cooperation, mutuality, and trust, along with gratitude and reciprocity of value.

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)

This article investigates the forms of respect and responsiveness that must be present in the process of practical reason. Drawing upon Jürgen Habermas’ discourse theory and his incidental remarks about aesthetics, I identify two modes of respect. The first is the mutual respect and equality that emerges in the process of coming to agreement on proposed norms; the second is the call to infinite responsibility that emerges in opening to the transcendent character of others. However, Habermas makes an error in (...) treating these two types of response as appropriate for different classes of beings when he suggests that mutual respect is appropriate for humans, but asymmetry is appropriate when humans deal with animals or others who are incapable of communicative action. Rather, drawing upon the work of Emmanuel Levinas, I argue that both responses are always present in all encounters with the world. There is therefore an aporia at the heart of the process of practical reason: the responsiveness required in the exercise of practical reason demands that participants be open not just to another's opinions and claims, but also to precisely that which is not understood, which entails the idea of infinite responsibility. It is the movement between these orientations that enacts the main features of ethical life. (shrink)

In this paper I argue for a cautious multicultural approach, with specific regard to its implementation as a legal strategy. Such an approach is cautious only because, as I will demonstrate, it stems from an awareness that in some cases, and for different reasons (political, social, as well as legal), other multicultural policies based on minority or group rights do not work. In other words, I will argue for a strategy of recognition that is additional to others, and that can (...) be implemented and juxtaposed with others, in order to offer a better defence of those rights and claims, which other policies do not recognise (or recognise insufficiently). (shrink)

Understanding and empathy on the part of those in privileged positions are often cited as powerful tools in the fight against oppression. Too often, however, those in positions of power assume they know what it is like to be less well off when, in actuality, they do not. This kind of assumption represents a thinking vice we dub synecdoche epistemic arrogance. In instances of synecdoche epistemic arrogance, a person who has privilege wrongly assumes, based on limited experiences, that she can (...) know what it is like to experience a particular form of oppression. We argue two main points. First, synecdoche epistemic arrogance can lead to a variety of moral harms. Second, synecdoche epistemic arrogance is often tied to other troubling epistemic patterns, which we discuss in the context of disability and race simulations. Overall, the essay helps demonstrate how synecdoche epistemic arrogance can contribute to injustice. (shrink)

This essay examines the capacity of language (‘word’) to convey what there is (‘world’). It draws on philosophical thought, which it seeks to apply to law while making specific reference to comparative legal studies, that is, to the investigation of law that is foreign to its interpreter.

This paper examines how Western humanitarianism has attempted to work through its simultaneous commitment to individualized moral universalism and ambivalence about substantive global egalitarianism via what is identified as humanitarian sentimentalism, namely an ensemble of narrative and visual mechanisms designed to cultivate charitable moral sentiments among Euro-American publics toward victims of humanitarian crises in the global South. After briefly discussing how the aforementioned ambivalence is rooted in the founding philosophical principles of humanitarianism, the paper examines the visual economy of humanitarian (...) sentimentalism, constituted through four iconographic tropes found in the history of Western representation of humanitarian emergencies and injustices (personification, massification, rescue, and care), each of which aims to trigger sentimentalizing responses on the part of viewers. Hence, it is argued that if the Western humanitarian movement's dependence on visually based sentimentalism has been effective in generating a sense of concern for distant others, such concern has not been converted into a more radical and egalitarian set of political practices of global solidarity, which would aim structurally to transform the current world order in an egalitarian manner to tackle the systemic sources of humanitarian crises. (shrink)

In response to distant suffering, global civil society is being consumed by a generalized witnessing fever that converts public spaces into veritable machines for the production of testimonial discourses and evidence. However, bearing witness itself has tended to be treated as an exercise in truth-telling, a juridical outcome, a psychic phenomenon or a moral prescription. By contrast, this article conceives of bearing witness as a transnational mode of ethico-political labour, an arduous working-through produced out of the struggles of groups and (...) persons who engage in testimonial tasks in order to confront corresponding perils produced by instances of situational or structural violence; it is the work of witnessing, the normative and political substance generated through the performance of patterns of social action, which matters. Using Celan's allegory of the poem as a message in a bottle, I consider bearing witness as a web of cosmopolitan testimonial practices structured around five dialectically related tasks and perils: giving voice to mass suffering against silence ; interpretation against incomprehension ; the cultivation of empathy against indifference ; remembrance against forgetting ; and prevention against repetition. (shrink)

When the brothers Hakob, 13, and Hasmik, 14, had lived in Sweden for 5 years, their applications for residence were rejected, and they were to be deported to Armenia (Dagens Nyheter March 8, 2007,...

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument (...) according to which equal consideration perpetually requires the non-egalitarian project of understanding individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. Key Words: Theodor Adorno • deliberative democracy • Jacques Derrida • egalitarianism • equality • Jürgen Habermas • Christoph Menke • singularity • universalism. (shrink)

In this article, we report on eight grand challenges for value sensitive design, which were developed at a one-week workshop, Value Sensitive Design: Charting the Next Decade, Lorentz Center, Leiden, The Netherlands, November 14–18, 2016. A grand challenge is a substantial problem, opportunity, or question that motives sustained research and design activity. The eight grand challenges are: Accounting for Power, Evaluating Value Sensitive Design, Framing and Prioritizing Values, Professional and Industry Appropriation, Tech policy, Values and Human Emotions, Value Sensitive Design (...) and Intelligent Algorithms, and Value Tensions. Each grand challenge consists of a discussion of its importance and a set of tractable key questions. (shrink)

Although Arendt is widely cited as an early proponent of what is sometimes called “forward-looking” or “future-looking” responsibility, scholars have not dwelled at length on Arendt’s claim that th...

Listening appears as elusive as it is crucial to democratic life, particularly in conditions of structural injustice. Dominant groups benefit from histories and habits of inattention and, when enlisted, common responses of denial, defensiveness, and resentment. What lies behind this pervasive and persistent failure to listen to claims of structural injustice by more advantaged groups, and what does this mean for democratic engagement? This paper addresses this question via three interventions: first, it develops a novel account of listening that reveals (...) why listening to claims of structural injustice often proves difficult. Second, it examines how inhabiting positions of relative advantage shapes whether and how people listen to such claims. Finally, it explores the implications these challenges have for the design of democratic processes that seek to engage advantaged groups regarding structural injustice. To develop this account, I draw together current scholarship regarding listening and structural injustice with original fieldwork of recent and current efforts to engage more advantaged communities regarding a specific form of structural injustice: specifically, interviews and observation of the ten organizations across Aotearoa New Zealand most active in efforts to engage communities regarding socio-economic inequality in the country. (shrink)

While Simone de Beauvoir’s theory of alterity has been the topic of much discussion within Beauvoir scholarship, feminist theory, and social and political philosophy, it has not commonly been a reference point for those working within ethics. However, Beauvoir develops a novel view that those concerned with the ethical import of respect for others should consider seriously, especially those working within the Levinasian tradition. I claim that Beauvoir distinguishes between two forms of otherness: namely, existential alterity and sociopolitical alterity. While (...) sociopolitical alterity is a contingent and surmountable form of otherness that results from oppression of individuals and groups, existential alterity is a necessary feature of the human condition that discloses the foreignness of the other as a freedom. Out of this view of existential alterity, I argue, Beauvoir develops an ethic of asymmetrical reciprocity. In contrast with Levinas, who dismisses reciprocity as a symmetrical or reversible model of relation that minimizes difference, Beauvoir promulgates a view of reciprocity that does not fall into the problems that Levinas diagnoses. Moreover, asymmetrical reciprocity more successfully figures the ethical relation to the other than the absolute asymmetry one finds in Levinas, which becomes evident through revisiting Levinas’s account of eros and contrasting it with that of Beauvoir. (shrink)