Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and (...) how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established. (shrink)

Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and natural (...) systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

The present paper builds on the Rawlsian critique of utilitarianism in order to identify the moral implications of Niklas Luhmann’s social systems theory. While Luhmann aptly discerned the pervasive problems of the precarious system–environment relations throughout the modern society, he took moral communication to be person-centered and thus ill-equipped to deal with these problems. At the same time, the Rawlsian possibility of sacrificing fundamental liberties for the sake of economic gains not only exemplifies the Luhmannian precariousness of the relations of (...) the economic system to its societal environment, but also shows this precariousness to be a moral problem. Thus, from the systems-theoretic perspective, the Rawlsian idea of justice denotes the moral dimension of the capacity of the societal environment to carry the economic system. More generally, the proposed complementarity between Rawls and Luhmann allows to see the precariousness of system–environment relations, for any type of social system, as a moral problem. Two implications follow. First, the morally problematic manifestations of the precarious system–environment relations are not limited to the Rawlsian case of the discrimination of the least advantaged groups but rather include a broad range of social costs and damaging effects of business on society and nature. Second, and related, the proposed systems-theoretic perspective explicates the moral value of sustainability of the economic as well as other social systems in their environment, societal and ecological alike. (shrink)

This contribution explores how much state is necessary to make societal constitutionalism work. I first ask why the idea of a global societal constitutionalism ‘beyond the state-and-politics’ might be viewed as a significant and controversial, but nonetheless justified innovation. In the second part I discuss what Teubner calls ‘the inclusionary effects of fundamental rights’. I argue that Teubner underplays the mediating role of the state in guaranteeing inclusion or access, and in a way presupposes well-functioning states in the background. In (...) areas of limited statehood there is a problem of enforcing fundamental rights law. It is an open question whether, and under which conditions, constitutional norms within particular global social spheres can provide enough counter-weight when state constitutional norms are lacking. (shrink)

The present debate on constitutional rights aims to protect the individual against the intrusive power of the state. Analysing the precarious relationship between art and money, the authors argue that constitutional rights need to be extended into the regimes of private governance. This requires four fundamental changes. (1) Constitutional rights can no longer be limited to the protection of individual actors. Instead, they need to be extended to guarantees of freedom of discourses. (2) The new experience of the twentieth century (...) is that totalizing tendencies have their origin not only in politics, but also in other fields of action, especially in technology, science, and the economy. Thus, a discursive concept of constitutional rights should be directed against any social system with totalizing tendencies. (3) Instead of concentrating on centres of economic and social power, constitutional rights in the private sphere should focus on the specific communicative medium of the expansionist social system involved. (4) This excludes the direct analogy of a ‘right’ as a quasispatial exclusion zone. More significant guarantees of discursive autonomy could be found in a ‘proceduralization’ of constitutional rights. (shrink)

The essay aims to show how business ethics—understood as a three-level approach—can strengthen the social cohesion of a society, which is jeopardized today in many ways. In the first part, the purpose of business and the economy is explained as the creation of wealth defined as a combination of private and public wealth that includes natural, economic, human, and social capital. Special emphasis is placed on the implications of the creation of public wealth which requires institutions other than the market (...) and motivations other than self-regarding ones. In the second part, the question of what holds a society together is discussed through different approaches: enlightened self-interest, a new game-theoretical approach, and the concept of the common good advanced by Catholic Social Teaching, followed by my own proposal. The third part presents several perspectives for business ethics to strengthen social cohesion of a society by focusing on the purpose of business and the economy to create natural, economic, human, and social capital; by advancing public goods that stand the test of ethical scrutiny; and by securing human rights conceptualized as public goods. (shrink)

The standard economic and ethical case in defense of sweatshops employs the standard of the “welfare of their workers and potential workers” to argue that sweatshop regulations harm the very people they intend to help. Scholars have recently contended that once the benefits and costs are balanced, regulations do, in fact, raise worker welfare. This paper describes the short and long-run tradeoffs associated with sweatshop regulation and then examines how reasonable constructions of measures of “worker welfare” would evaluate these tradeoffs (...) finding that the standard economic and ethical case against sweatshop regulations is well supported. (shrink)

The recent case between Apple and the FBI, in which Apple refused to comply with a court order to aid the FBI in overriding the security features of an iPhone used by one of the San Bernardino terrorists, brought the tension between national security and individual rights to the forefront. This article looks at the case and these two core values from a liberal communitarian ethics perspective, and provides an analysis of how these values are reflected in U.S. law. It (...) concludes with an ethical discussion relevant to the resolution of differences between high-tech corporations and the government. (shrink)

This article contributes to the debate about the political role of the business firm. The article clarifies what is meant by the “political” role of the firm and how this political role relates to its economic role. To this end, the authors present an ordonomic concept of corporate citizenship and illustrate the concept by way of comparison with the Aristotelian idea of individual citizenship for the antique polis. According to our concept, companies take a political role if they participate in (...) rule-setting processes and rule-finding discourses. Though this political role of the corporation is in principle ambivalent, the authors conclude that in such processes of “new governance” the economic and political roles of the firm need not contradict each other but can follow the same win-win logic of individual self-perfection through cooperative social interactions. (shrink)

Why is it so plausible that business organisations in contemporary society use values in their communication? In order to answer this question, a sociological, system theoretical approach is applied which approaches values not pre-empirically as invisible drivers for action but as observable semantics that form organisational behaviour. In terms of empirical material, it will be shown that business organisations resort to a communication of values whenever uncertainty or complexity is very high. Inevitably, value semantics are applied in organisations first when (...) the speakers are uncertain about which stakeholders to whom they have to address or when different stakeholder groups have to be addressed simultaneously ; second, when the identity of the organisation has to be described; and third, when future strategic options that cannot be expressed by quantitative terms have to be communicated. Values accordingly play a role in organisational practice when certain aspects are indeterminate. Therefore, they are a means for organisations to communicate under fuzzy circumstances. On the basis of these findings, new approaches to value management can now be formulated. (shrink)

Sustainability is an important topic for understanding and developing our society. For scholars who want their academic contributions to have an impact, sustainability is important for our conceptual systems. Because our conceptual systems share similarities with our social systems, we may investigate their characteristics to gain insight into how both may be achieved or at least understood. Theories of the humanities as well as the social/behavioral sciences are changing very rapidly. They are fragile and few seem to have any longevity. (...) At the same time, the theoretical base does not seem to be “advancing.” They are not supporting highly effective results in the real world, so we continue to have seemingly insolvable problems such as crime, war, and poverty. This may be because academia has become inward-focused or, in Luhmann’s terminology, autonomous from the outside world. In seeking to understand how to develop more sustainable theories we found that the concept of sustainability is contested. And, in the process of comparing the sustainability of social systems to the sustainability of theories, we came to realize that neither perspective is viable. Drawing on Luhmann’s insights on the interdependence of theories and society, we came to realize that the two exist in a coevolutionary relationship. Importantly, we present an approach for measuring that evolution and suggest directions for accelerating the coevolutionary advance of society and science. (shrink)

Sustainability is an important topic for understanding and developing our society. For scholars who want their academic contributions to have an impact, sustainability is important for our conceptual systems. Because our conceptual systems share similarities with our social systems, we may investigate their characteristics to gain insight into how both may be achieved or at least understood. Theories of the humanities as well as the social/behavioral sciences are changing very rapidly. They are fragile and few seem to have any longevity. (...) At the same time, the theoretical base does not seem to be “advancing.” They are not supporting highly effective results in the real world, so we continue to have seemingly insolvable problems such as crime, war, and poverty. This may be because academia has become inward-focused or, in Luhmann’s terminology, autonomous from the outside world. In seeking to understand how to develop more sustainable theories we found that the concept of sustainability is contested. And, in the process of comparing the sustainability of social systems to the sustainability of theories, we came to realize that neither perspective is viable. Drawing on Luhmann’s insights on the interdependence of theories and society, we came to realize that the two exist in a coevolutionary relationship. Importantly, we present an approach for measuring that evolution and suggest directions for accelerating the coevolutionary advance of society and science. (shrink)

This article contributes to the debate about the political role of the business firm. The article clarifies what is meant by the “political” role of the firm and how this political role relates to its economic role. To this end, the authors present an ordonomic concept of corporate citizenship and illustrate the concept by way of comparison with the Aristotelian idea of individual citizenship for the antique polis. According to our concept, companies take a political role if they participate in (...) rule-setting processes and rule-finding discourses. Though this political role of the corporation is in principle ambivalent, the authors conclude that in such processes of “new governance” the economic and political roles of the firm need not contradict each other but can follow the same win-win logic of individual self-perfection through cooperative social interactions. (shrink)

The increasing centrality of business firms in contemporary societies calls for a renewed attention to the democratization of these actors. This paper sheds new light on the possibility of democratizing business firms by bridging recent scholarship in two fields—deliberative democracy and business ethics. To date, deliberative democracy has largely neglected the role of business firms in democratic societies. While business ethics scholarship has given more attention to these issues, it has overlooked the possibility of deliberation within firms. As argued in (...) the paper, a combination of reforms based on the ideas of workplace deliberation and business deliberation is necessary in order to promote the prospect of deliberation in different business contexts. The paper also discusses the importance of more democratic firms for deliberative democracy at large and, in particular, for the recent debate on deliberative systems. Finally, the paper suggests new areas of investigation to better understand the prospect of democratic deliberation in business firms. (shrink)