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)

Two countervailing trends mark the intellectual tenor of our age the spread of naturalistic worldviews and religious orthodoxies. Advances in biogenetics, brain research, and robotics are clearing the way for the penetration of an objective scientific self-understanding of persons into everyday life. For philosophy, this trend is associated with the challenge of scientific naturalism. At the same time, we are witnessing an unexpected revitalization of religious traditions and the politicization of religious communities across the world. From a philosophical perspective, this (...) revival of religious energies poses the challenge of a fundamentalist critique of the principles underlying the modern Wests postmetaphysical understanding of itself. The tension between naturalism and religion is the central theme of this major new book by Jrgen Habermas. On the one hand he argues for an appropriate naturalistic understanding of cultural evolution that does justice to the normative character of the human mind. On the other hand, he calls for an appropriate interpretation of the secularizing effects of a process of social and cultural rationalization increasingly denounced by the champions of religious orthodoxies as a historical development peculiar to the West. These reflections on the enduring importance of religion and the limits of secularism under conditions of postmetaphysical reason set the scene for an extended treatment the political significance of religious tolerance and for a fresh contribution to current debates on cosmopolitanism and a constitution for international society. (shrink)

Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Many environmental policies seem to rest on an implicit distinction between doing and allowing. For example, it is generally thought worse to drive a speciesto extinction than to fail to save a species that is declining through no fault of our own, and worse to pollute the air with chemicals that trigger asthma attacks thanto fail to remove naturally occurring allergens such as pollen and mold. The distinction between doing and allowing seems to underlie certain versions of the precautionary principle, (...) and insofar as the precautionary principle rests on this distinction, it diverges from direct consequentialist approaches to risk management.There are two ways in which such reliance on the doing/allowing distinction may be defended: by appeal to indirect consequentialist considerations, and by appeal to deontological considerations. Neither approach is unproblematic; however, retention of a distinction between doing and allowing in environmentalpolicy is consistent with the widespread intuition that there is something prima facie valuable about the world as we find it. (shrink)

Described by the philosopher A.J. Ayer as a work of 'great originality and power', this book revolutionized contemporary thinking on science and knowledge. Ideas such as the now legendary doctrine of 'falsificationism' electrified the scientific community, influencing even working scientists, as well as post-war philosophy. This astonishing work ranks alongside The Open Society and Its Enemies as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day.

In this book Bruno Latour brings together these different approaches to provide a lively and challenging analysis of science, demonstrating how social context..

In medical ethics, business ethics, and some branches of political philosophy (multi-culturalism, issues of just allocation, and equitable distribution) the literature increasingly combines insights from ethics and the social sciences. Some authors in medical ethics even speak of a new phase in the history of ethics, hailing "empirical ethics" as a logical next step in the development of practical ethics after the turn to "applied ethics." The name empirical ethics is ill-chosen because of its associations with "descriptive ethics." Unlike descriptive (...) ethics, however, empirical ethics aims to be both descriptive and normative. The first question on which I focus is what kind of empirical research is used by empirical ethics and for which purposes. I argue that the ultimate aim of all empirical ethics is to improve the context-sensitivity of ethics. The second question is whether empirical ethics is essentially connected with specific positions in meta-ethics. I show that in some kinds of meta-ethical theories, which I categorize as broad contextualist theories, there is an intrinsic need for connecting normative ethics with empirical social research. But context-sensitivity is a goal that can be aimed for from any meta-ethical position. (shrink)

This chapter discusses some conceptual undercurrents, which flow beneath the surface of the literature on information and computer ethics (ICE). It focuses on the potential impact of Information and Communication Technologies (ICTs) on our lives. Because of their 'data superconductivity', ICTs are well known for being among the most influential factors that affect the ontological friction in the infosphere. As a full expression of techne, the information society has already posed fundamental ethical problems, whose complexity and global dimensions are rapidly (...) evolving. The task is to formulate an ethical framework that can treat the infosphere as a new environment worth the moral attention and care of the human inforgs inhabiting it. We have begun to see ourselves as connected informational organisms (inforgs), not through some fanciful transformation in our body, but, more seriously and realistically, through the re-ontologization of our environment and of ourselves. (shrink)

In the first part of the paper, three objections to the precautionary principle are outlined: the principle requires some account of how to balance risks of significant harms; the principle focuses on action and ignores the costs of inaction; and the principle threatens epistemic anarchy. I argue that these objections may overlook two distinctive features of precautionary thought: a suspicion of the value of “full scientific certainty”; and a desire to distinguish environmental doings from allowings. In Section 2, I argue (...) that any simple distinction between environmental doings and allowings is untenable. However, I argue that the appeal of such a distinction can be captured within a relational account of environmental equity. In Section 3 I show how the proposed account of environmental justice can generate a justification for distinctively “precautionary” policy-making. (shrink)

Technology is always limited to the realm of means, while morality is supposed to deal with ends. In this theoretical article about comparing those two regimes of enunciation, it is argued that technology is on the contrary characterized by the `ends of means' that is the impossibility of being limited to tools; technical artefacts are never tools if what is meant by this is a transmission of function in a mastered way. Once this modification of the meaning of technology is (...) accepted, then it is possible to relate technology, in a totally different way, to morality which is not about values, but about the exploration of ends. (shrink)

A Treatise of Human Nature, David Hume's comprehensive attempt to base philosophy on a new, observationally grounded study of human nature, is one of the most important texts in Western philosophy. It is also the focal point of current attempts to understand 18th-century western philosophy. The Treatise addresses many of the most fundamental philosophical issues: causation, existence, freedom and necessity, and morality. The volume also includes Humes own abstract of the Treatise, a substantial introduction, extensive annotations, a glossary, a comprehensive (...) index, and suggestions for further reading. (shrink)

The field of bioethics is increasingly coming into contact with empirical research findings. In this article, we ask what role empirical research can play in the process of ethical clarification and decision-making. Ethical reflection almost always proceeds in three steps: the description of the moral question,the assessment of the moral question and the evaluation of the decision-making. Empirical research can contribute to each step of this process. In the description of the moral object, first of all, empirical research has a (...) role to play in the description of morally relevant facts. It plays a role in answering the “reality-revealing questions” (what, why,how, who, where and when), in assessing the consequences and in proposing alternative courses of action. Secondly, empirical research plays a role in assessing the moral question. It must be acknowledged that research possesses “the normative power of the factual,” which can also become normative by suppressing other norms. However, inductive normativity should always be balanced out by a deductive form of normativity. Thirdly, empirical research also has a role to play in evaluating the decision-making process. It can rule out certain moral choices by pointing out the occurrence of certain unexpected consequences or effects. It can also be useful, however, as a sociology of bioethics in which the discipline of bioethics itself becomes an object of research. (shrink)

Ideal for undergraduate students in philosophy and science studies, Philosophy of Technology offers an engaging and comprehensive overview of a subject vital to our time. An up-to-date, accessible overview of the philosophy of technology, defining technology and its characteristics. Explores the issues that arise as technology becomes an integral part of our society. In addition to traditional topics in science and technology studies, the volume offers discussion of technocracy, the romantic rebellion against technology. Complements The Philosophy of Technology : The (...) Technological Condition: An Anthology, edited by Robert C. Scharff and Val Dusek. (shrink)

The precautionary principle has its origins in debates about environmental policy, but is increasingly invoked in bioethical contexts. John Harris and Søren Holm argue that the principle should be rejected as incoherent, irrational, and representing a fundamental threat to scientific advance and technological progress. This article argues that while there are problems with standard formulations of the principle, Harris and Holm's rejection of all its forms is mistaken. In particular, they focus on strong versions of the principle and fail to (...) recognize that weaker forms, which may escape their criticisms, are both possible and advocated in the literature. (shrink)

The relation between ethics and social science is often conceived as complementary, both disciplines cooperating in the solution of concrete moral problems. Against this, the paper argues that not only applied ethics but even certain parts of general ethics have to incorporate sociological and psychological data and theories from the start. Applied ethics depends on social science in order to asses the impact of its own principles on the concrete realities which these principles are to regulate as well as in (...) order to propose practice rules suited to adapt these principles to their respective contexts of application. Examples from medical ethics (embryo research) and ecological ethics (Leopold's land ethic) illustrate both the contingence of practice rules in relation to their underlying basic principles and the corresponding need for a co-operation between philosophy and empirical disciplines in judging their functional merits and demerits. In conclusion, the relevance of empirical hypotheses even for some of the perennial problems of ethics is shown by clarifying the role played by empirical theories in the controversies about the ethical differentiation between positive and negative responsibility and the relation between utility maximisation and (seemingly) independent criteria of distributive justice in the context of social distributions. (shrink)

One of Hume's most well-known works and a masterpiece of philosophy, A Treatise of Human Nature is indubitably worth taking the time to read.

Some say that public policy can be made without the benefit of theory--that it emerges, instead, through trial-and-error. Others see genuine philosophical issues in public affairs but try to resolve them through fanciful examples. Both, argues Robert E. Goodin, are wrong. Goodin--a political scientist who is also an associate editor of Ethics--shows that empirical and ethical theory can and should guide policy. To be useful, however, these philosophical discussions of public affairs must draw upon actual policy experiences rather than contrived (...) cases. Further, they must reflect the broader social consequences of policies rather than just the dilemmas of personal conscience. Effectively integrating the literatures of social science, policy science, and philosophy, Goodin provides a theoretically sophisticated yet empirically well-grounded analysis of public policies, the principles underlying them, the institutions shaping them, and the excuses offered for their failures. This analysis is enhanced by the author's discussion of such specific cases as the disposal of nuclear wastes and the priority accorded national defense--cases that illustrate Goodin's theoretical and methodological framework for approaching policy issues. (shrink)

With globalization, environmental problems and significant failures in corporate governance, business ethics is perceived to be of increasing importance. This is particularly so for IS because of the huge social effects of new technologies. Yet there has been relatively little discussion of ethics in the IS literature and no clear consensus has emerged. This paper argues that Habermas’s discourse ethics can make a major, and practical, contribution. After outlining some major ethical theories and how they have been interpreted in business (...) ethics and IS, the paper details the development of discourse ethics. Discourse ethics is different from other approaches to ethics as it is grounded in actual debates between those affected by decisions and proposals. Recognizing that the theory is rather abstract, the final section discusses how it can be pragmatized, with the help of existing soft and critical methodologies, to become a basis for business and IS ethics. (shrink)

“[T]he Precautionary Principle still has neither a commonly accepted definition nor a set of criteria to guide its implementation. “There is”, Freestone … cogently observes, “a certain paradox in the widespread and rapid adoption of the Precautionary Principle”: While it is applauded as a “good thing”, no one is quite sure about what it really means or how it might be..

Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data (...) privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us. (shrink)

Role of the entrepreneur in a distinct role of profit.

In der 1785 veröffentlichten Grundlegung zur Metaphysik der Sitten formuliert Kant erstmals die Prinzipien einer universalistischen Ethik der Autonomie, deren Einfluß bis heute ungebrochen ist. Schon beim Übergang von der gemeinen zur philosophischen Vernunfterkenntnis findet man die Hauptgedanken: In der Ethik geht es nicht primär um das gute Leben und das Glück, und es geht auch zunächst nicht darum, welche Handlungserfolge erzielt werden; Gegenstand moralischer Hochschätzung sind vielmehr Intentionen und Maximen. Gut ist, was für alle vernünftigen Wesen gilt, weil es (...) von ihnen als autonomen und vernünftigen Wesen gewollt wird. Die Schrift ist kurz, einfach gegliedert und verständlich geschrieben. Sie eignet sich daher als Einführung in Kants Ethik, enthält aber zugleich als Grundlegung alle wesentlichen Gedanken seiner praktischen Philosophie. Auf der Grundlage der Originalausgabe von 1785/86 wurde der Text völlig neu erstellt. Eines der wichtigsten Bücher der Philosophiegeschichte liegt damit in einer zuverlässigen und preisgünstigen Neuausgabe vor. (shrink)

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)

The technological advances of contemporary society have outpaced our moral understanding of the problems that they create. How will we deal with profound ecological changes, human cloning, hybrid people, and eroding cyberprivacy, just to name a few issues? In this book, Lorenzo Magnani argues that existing moral constructs often cannot be applied to new technology. He proposes an entirely different ethical approach, one that blends epistemology with cognitive science. The resulting moral strategy promises renewed dignity for overlooked populations, both of (...) today and of the future. (shrink)

Interactive technology assessment (iTA) provides an answer to the ethical problem of normative bias in evaluation research. This normative bias develops when relevant perspectives on the evaluand (the thing being evaluated) are neglected. In iTA this bias is overcome by incorporating different perspectives into the assessment. As a consequence, justification of decisions based on the assessment is provided by stakeholders having achieved agreement. In this article, agreement is identified with wide reflective equilibrium to show that it indeed has the potential (...) of justifying decisions. We work out several conditions for this agreement to be achievable and just. (shrink)

This paper analyses the concept of empirical ethics as well as three meta-ethical fallacies that empirical ethics is said to face: the is-ought problem, the naturalistic fallacy and violation of the fact-value distinction. Moreover, it answers the question of whether empirical ethics (necessarily) commits these three basic meta-ethical fallacies.

This article discusses the relation between empirical and normative approaches in bioethics. The issue of dwarf tossing, while admittedly unusual, is chosen as a point of departure because it challenges the reader to look with fresh eyes upon several central bioethical themes, including human dignity, autonomy, and the protection of vulnerable people. After an overview of current approaches to the integration of empirical and normative ethics, we consider five ways that the empirical and normative can be brought together to speak (...) to the problem of dwarf tossing: prescriptive applied ethics, theoretical ethics, critical applied ethics, particularist ethics and integrated empirical ethics. We defend a position of critical applied ethics that allows for a two-way relation between empirical and normative theories. Against efforts fully to integrate the normative and the empirical into one synthesis, we propose that the two should stand in tension and relation to one another. The approach we endorse acknowledges that a social practice can and should be judged both by the gathering of empirical data and by normative ethics. Critical applied ethics uses a five stage process that includes: (a) determination of the problem, (b) description of the problem, (c) empirical study of effects and alternatives, (d) normative weighing and (e) evaluation of the effects of a decision. In each stage, we explore the perspective from both the empirical (sociological) and the normative ethical point of view. We conclude by applying our five-stage critical applied ethics to the example of dwarf tossing. (shrink)

In this article, we present a dialogical approach to empirical ethics, based upon hermeneutic ethics and responsive evaluation. Hermeneutic ethics regards experience as the concrete source of moral wisdom. In order to gain a good understanding of moral issues, concrete detailed experiences and perspectives need to be exchanged. Within hermeneutic ethics dialogue is seen as a vehicle for moral learning and developing normative conclusions. Dialogue stands for a specific view on moral epistemology and methodological criteria for moral inquiry. Responsive evaluation (...) involves a structured way of setting up dialogical learning processes, by eliciting stories of participants, exchanging experiences in (homogeneous and heterogeneous) groups and drawing normative conclusions for practice. By combining these traditions we develop both a theoretical and a practical approach to empirical ethics, in which ethical issues are addressed and shaped together with stakeholders in practice. Stakeholders' experiences are not only used as a source for reflection by the ethicist; stakeholders are involved in the process of reflection and analysis, which takes place in a dialogue between participants in practice, facilitated by the ethicist. This dialogical approach to empirical ethics may give rise to questions such as: What contribution does the ethicist make? What role does ethical theory play? What is the relationship between empirical research and ethical theory in the dialogical process? In this article, these questions will be addressed by reflecting upon a project in empirical ethics that was set up in a dialogical way. The aim of this project was to develop and implement normative guidelines with and within practice, in order to improve the practice concerning coercion and compulsion in psychiatry. (shrink)

This paper challenges the traditional assumption that descriptive and prescriptive sciences are essentially distinct by presenting a study on the implicit normativity of the production and presentation of biomedical scientific facts within evidence-based medicine. This interdisciplinary study serves as an illustration of the potential worth of the concept of implicit normativity for bioethics in general and for integrated empirical ethics research in particular. It demonstrates how both the production and presentation of scientific information in an evidence-based decision-support contain implicit presuppositions (...) and values, which pre-structure the moral environment of the clinical process of decision-making. As a consequence, the evidence-based decision support did not only support the clinical decision-making process; it also transformed it in a morally significant way. This phenomenon undermines the assumption within much of the literature on patient autonomy that information disclosure is a conditional requirement before patient autonomy even starts; patient autonomy is already influenced during the production and presentation of information. These results imply an increased responsibility of those who produce and present evidence-based facts(i.e. scientists in general and physicians in particular). The insights of this study not only involve a different focus on both theory and practice of patient autonomy and informed consent, but they also call for a broader scope of morality than does traditional empirical research in bioethics. The concept of implicit normativity within integrated empirical ethics research calls for a strong cooperation between bioethicists and descriptive scientists, i.e., a cooperation that goes beyond the discipline-specific epistemic values and that takes place during all phases of the research process. (shrink)