In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

In Hypocrisy and the Politics of Politeness, Jenny Davidson considers the arguments that define hypocrisy as a moral and political virtue in its own right. She shows that these were arguments that thrived in the medium of eighteenth-century Britain's culture of politeness. In the debate about the balance between truthfulness and politeness, Davidson argues that eighteenth-century writers from Locke to Austen come down firmly on the side of politeness. This is the case even when it is associated with dissimulation or (...) hypocrisy. These writers argue that the open profession of vice is far more dangerous for society than even the most glaring discrepancies between what people say in public and what they do in private. This book explores what happens when controversial arguments in favour of hypocrisy enter the mainstream, making it increasingly hard to tell the difference between hypocrisy and more obviously attractive qualities like modesty, self-control and tact. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. (...) He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

Adaptive preference formation is the unconscious altering of our preferences in light of the options we have available. Jon Elster has argued that this is bad because it undermines our autonomy. I agree, but think that Elster's explanation of why is lacking. So, I draw on a richer account of autonomy to give the following answer. Preferences formed through adaptation are characterized by covert influence (that is, explanations of which an agent herself is necessarily unaware), and covert influence undermines our (...) autonomy because it undermines the extent to which an agent's preferences are ones that she has decided upon for herself. This answer fills the lacuna in Elster's argument. It also allows us to draw a principled distinction between adaptive preference formation and the closely related phenomenon of character planning. (shrink)

This latest work from one of the world's leading political philosophers will appeal to audiences from a variety of fields, including philosophy, political science, women's studies, ethnic studies, sociology, and communications studies.

Rae Langton here draws together her ground-breaking and contentious work on pornography and objectification. She shows how women come to be objectified -- made subordinate and treated as things -- and she argues for the controversial feminist conclusions that pornography subordinates and silences women, and women have rights against pornography.

This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally permit speech even when it is (...) harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form? This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, 'Whites Only' signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech. (shrink)

A look at political ethics covers cruelty, hypocrisy, snobbery, betrayal and misanthropy, and is accompanied by a description of modern public opinion about ...

Sour Grapes aims to subvert orthodox theories of rational choice through the study of forms of irrationality. Dr Elster begins with an analysis of the notation of rationality, to provide the background and terms for the subsequent discussions, which cover irrational behaviour, irrational desires and irrational belief. These essays continue and complement the arguments of Jon Elster's earlier book, Ulysses and the Sirens. That was published to wide acclaim, and Dr Elster shows the same versatility here in drawing on philosophy, (...) political and social theory, decision-theory, economics and psychology, as well as history and literature. (shrink)

This paper examines the idea that straight talk can actually pose certain dangers for democracy by asking two interrelated questions. First, does our belief in the importance of sincerity necessarily improve political deliberation? Second, does our belief cause us to under-appreciate other important communicative resources? We will see that much hinges on our answers to these questions because they deal directly with whose voices are to be considered legitimate and authoritative in our public sphere. This paper begins from a deliberative (...) democratic standpoint: democracy is a logocentric enterprise—that is, language is at the center of democratic political projects. So it is critical that we pay attention to how we evaluate political words. Otherwise, not only can we not really understand what is going on in the public sphere, but we are also more likely to make poor judgments about what sort of speech and speakers make our democracy more robust. -/- To explore these questions, this paper examines the discourse ethics that underwrite much of deliberative democratic theory (section I). It then goes on to discuss some of the dangers that the particular ethic of sincerity poses for democratic communication. The paper argues that the emphasis on sincerity: -/- 1) too easily collapses the relation between claims to truthfulness and truth claims and contributes to an undemocratic epistemology; 2) oversimplifies human psychology, ignoring the possibility of multiple and complexly related intentions; 3) denigrates “rhetorical” forms of speech; and 4) privileges a seemingly non-rhetorical mode of communication: hyper-sincerity. (shrink)

Th is paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy : the Condorcet Jury Th eorem, the Diversity Trumps Ability Th eorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy : the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as (...) an institution for pooling widely distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentallybased learning from the diverse experiences of diff erent knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

In this book Keith Graham examines the philosophical assumptions behind the ideas of group membership and loyalty. Drawing out the significance of social context, he challenges individualist views by placing collectivities such as committees, classes or nations within the moral realm. He offers an understanding of the multiplicity of sources which vie for the attention of human beings as they decide how to act, and challenges the conventional division between self-interest and altruism. He also offers a systematic account of the (...) different ways in which individuals can identify with or distance themselves from the groups to which they belong. His study will be of interest to readers in a range of disciplines including philosophy, politics, sociology, law and economics. (shrink)

This paper investigates the epistemic powers of democratic institutions through an assessment of three epistemic models of democracy: the Condorcet Jury Theorem, the Diversity Trumps Ability Theorem, and Dewey's experimentalist model. Dewey's model is superior to the others in its ability to model the epistemic functions of three constitutive features of democracy: the epistemic diversity of participants, the interaction of voting with discussion, and feedback mechanisms such as periodic elections and protests. It views democracy as an institution for pooling widely (...) distributed information about problems and policies of public interest by engaging the participation of epistemically diverse knowers. Democratic norms of free discourse, dissent, feedback, and accountability function to ensure collective, experimentally-based learning from the diverse experiences of different knowers. I illustrate these points with a case study of community forestry groups in South Asia, whose epistemic powers have been hobbled by their suppression of women's participation. (shrink)

This book is about a widely shared desire: the desire among citizens for a vibrant and effective social discourse of legitimation. It therefore begins with the conviction that what political philosophy can provide citizens is not further theories of the good life but instead directions for talking about how to justify the choices they make—or, in brief, "just talking." As part of the general trend away from the aridity of Kantian universalism in political philosophy, thinkers as diverse as Bruce Ackerman, (...) Jürgen Habermas, Alasdair MacIntyre, and Richard Rorty have taken a "dialogic turn" that seeks to understand the determination of principles of justice as a cooperative task, achieved in some kind of social dialogue among real citizens. In one way or another, however, each of these different variations on the dialogic model fail to provide fully satisfactory answers, Mark Kingwell shows. Drawing on their strengths, he presents another model he calls "justice as civility," which makes original use of the popular literature on etiquette and work in sociolinguistics to develop a more adequate theory of dialogic justice. (shrink)

This article seeks to explore the conceptual structure and moral standing of an idea that has received almost no attention from analytical philosophers: self-censorship. It is argued that at the heart of the concept is a tension between the thoughts of the self-censor as, on the one hand, the author, and on the other, the instrument, of the censorship. Which of these aspects is emphasised also importantly helps shape how self-censorship is viewed normatively. Focusing on authorship tends to lead to (...) seeing self-censorship as more akin to a freely chosen act of self-restraint, while focusing on the self-censor as instrument presents it as one specific form of ordinary censorship. It is the tension between these two aspects that accounts for the moral ambivalence that is often felt towards the practice of self-censorship. (shrink)

In The Virtues of Mendacity, Jay resolves to avoid this conventional framing of the debate over lying and politics by examining what has been said in support of ...

In his most recent book, Philip Pettit presents and defends a “republican” political philosophy that stems from a tradition that includes Cicero, Machiavelli, James Harrington, Locke, Montesquieu, Rousseau, and Madison. The book provides an interpretation of what is distinctive about republicanism—namely, Pettit claims, its notion of freedom as nondomination. He sketches the history of this notion, and he argues that it entails a unique justification of certain political arrangements and the virtues of citizenship that would make those arrangements possible. Of (...) historical and philosophical interest, he stresses, is the fundamental contrast between freedom as nondomination and slavery. Joseph Priestly, for instance, invoked this contrast in defending the cause of the American Revolution, and in 1769 declared, incredibly, that if the parliament of Great Britain continued to tax the American colonies, “the colonists will be reduced to a state of as complete servitude, as any people of which there is an account in history”. Those opposed to American independence, among them Jeremy Bentham, relied instead on a Hobbesian notion of freedom as noninterference, using it to argue that the colonists were no more interfered with by the British government than were citizens of Britain. Drawing out this contrast, Pettit aims to establish that a republican view of freedom better supports the institutions of a constitutional democracy than does liberalism. His account of the distinguishing characteristics and strengths of republicanism is, however, only partially successful. Neither his case that a republican notion of freedom provides for a more solid defense of democratic institutions and constitutional protections than is available within liberalism, nor his argument that republicanism can better address “private” injustices, is convincing. (shrink)

The present contribution is an attempt at showing that Tocqueville’s conception of liberty transcended the divisions between negative and positive aspects of freedom. The author starts by juxtaposing it with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, as Claude Lefort has rightly pointed out, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. (...) He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The article then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Opponents in this discussion seem to be so devoted to demonstrating that their particular approach provides the best guarantees against any threats to liberty, both factual and potential, that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that 'to be free is to be guided by one’s own will' contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant and towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to crucial discussions in contemporary political philosophy. (shrink)

We develop and defend a distinction between two types of self-censorship: public and private. First, we suggest that public self-censorship refers to a range of individual reactions to a public censorship regime. Second, private self-censorship is the suppression by an agent of his or her own attitudes where a public censor is either absent or irrelevant. The distinction is derived from a descriptive approach to self-censorship that asks: who is the censor, who is the censee, and how do they interact? (...) We label situations in which censor and censee are different agents as public self-censorship, and situations in which they are the same agents as private self-censorship. We demonstrate the salience of this distinction by analysing the case of publication of Mohammed cartoons by the Danish newspaper Jyllands-Posten. Our analysis reveals the presence and interaction of a number of different instances of private and public self-censorship. While our article is primarily concerned with establishing this novel descriptive distinction between public and private self-censorship, our analysis has important evaluative implications. We explain for instance how Jyllands-Posten was laudable as a public self-censor but not so as a private self-censor. In general, our analysis reveals that the agents and processes involved in public and private self-censorship are substantively different, as are the agents to whom normative principles regarding censorship should be applied. In particular, principles of free speech do not apply to the case of private self-censorship, because while an instance of censorship, the absence of an external censor makes the censorship non-coercive. (shrink)

The maze and the masses -- Democracy as the rule of the dumb many? -- A selective genealogy of the epistemic argument for democracy -- First mechanism of democratic reason: inclusive deliberation -- Epistemic failures of deliberation -- Second mechanism of democratic reason: majority rule.

The market is traditionally hailed as the very exemplar of a system under which people enjoy freedom, in particular the negative sort of freedom associated with liberal and libertarian thought: freedom as noninterference. But how does the market appear from the perspective of a rival conception of freedom (freedom as non-domination) that is linked with the Roman and neo-Roman tradition of republicanism? The republican conception of freedom argues for important normative constraints on property, exchange, and regulation, without supporting extremes to (...) the effect that ‘property is theft’ or ‘taxation is theft’ or anything of that kind. It does not cast a cold eye on commerce; it merely provides an alternative view of the attractions. (shrink)

The question seldom discussed among political philosophers is: How are liberal democracies maintained after they are established? In a liberal democratic state, the ultimate political values are: liberty, equality, political participation, tolerance, loyalty to the state, and its reproduction. This work is founded on the observation that ultimate political values cannot be based on purely rational considerations, prevailing tradition, or an overlapping consensus. I propose "veil politics" as a solution to the problem of establishing and maintaining those values. Veil politics (...) recognizes and uses nonrational methods to fix and sustain those values. It is distinguished from "transparency politics" which exposes all states of affairs about the liberal society to all of its citizens, and from "opacity politics," which entirely hides states of affairs from its citizens. ;The inspiration for this dissertation derives from my background as a member of an African community where tradition and secrecy or aura play an integral and honorable role. In my community, aura is not used to hide information too awful to stand the light of the day, or to manipulate citizens for the interests of the Fon, the paramount chief. In my community it is understood that political arrangements should inspire citizens, since the arrangements are otherwise too ordinary to be inspiring. Embellishment excites the imagination of citizens and help to move them from the position of inertia to attitudes that motivate them to participate in the political processes. Finally, it helps align their fundamental desires with the core values of the community. ;Traditional liberal theorists start theorizing by assuming a consensus--choosing, as it were, with whom to coexist. I start by assuming a dissensus. We will always find ourselves alongside others with whom we have fundamental disagreements. I argue that it is not the business of liberal states to pick and choose with whom we ought to coexist. (shrink)

Want to be cunning? You might wish you were more clever, more flexible, able to cut a few corners without getting caught, to dive now and again into iniquity and surface clutching a prize. You might want to roll your eyes at those slaves of duty who play by the rules. Or you might think there's something sleazy about that stance, even if it does seem to pay off. Does that make you a chump? With pointedly mischievous prose, Don Herzog (...) explores what's alluring and what's revolting in cunning. He draws on a colorful range of sources: tales of Odysseus; texts from Machiavelli; pamphlets from early modern England; salesmen's newsletters; Christian apologetics; plays; sermons; philosophical treatises; detective novels; famous, infamous, and obscure historical cases; and more. The book is in three parts, bookended by two murderous churchmen. "Dilemmas" explores some canonical moments of cunning and introduces the distinction between knaves and fools as a "time-honored but radically deficient scheme." "Appearances" assails conventional approaches to unmasking. Surveying ignorance and self-deception, "Despair?" deepens the case that we ought to be cunning--and then sees what we might say in response. Throughout this beguiling book, Herzog refines our sense of what's troubling in this terrain. He shows that rationality, social roles, and morality are tangled together--and trickier than we thought. (shrink)

Critics of a politics of difference have misidentified these social movements as asserting an identity politics of recognition. Most of these movements are better understood as resisting unjust structural inequalities. Inclusive democratic process involves paying specific attention to group differences in order to transform preferences and maximize social knowledge.