In 1956, W.B. Gallie introduced his idea of essentially contested concepts. In my paper, I offer a novel interpretation of his theory and argue that his theory, thus interpreted, is correct. The key to my interpretation lies in a condition Gallie places on essentially contested concepts that other interpreters downplay or dismiss: that the use of an essentially contested concept must be derived “from an original exemplar whose authority is acknowledged by all the contestant users (...) of the concept.” This reveals a similarity between Gallie’s views and the semantic externalist views of Hilary Putnam, and others, about natural kind terms like “water” and “tiger.” I argue that natural kind terms and terms for essentially contested concepts are two species of a single semantic genus. In the case of natural kind terms, a term refers to a natural kind, the exemplars are instances of that kind, and the relation between the exemplars and anything to which the term applies is co-membership of the kind. In the case of terms for essentially contested concepts, a term refers to an historical tradition, the exemplar is a stage or temporal part of that tradition, and the relation between the exemplar and anything to which the term refers is being the heir of. This allows me to understand the contests that alerted Gallie to the phenomenon of essentially contested concepts as contests over the ownership of historical traditions. (shrink)

Since W. B. Gallie introduced the notion of essentially contested concepts (ECCs) in 1956, social science scholars have increasingly used his framework to analyze key concepts drawing “endless disputes” from contestant users. Despite its merits, the ECC framework has been limited by a neglect of social, cultural, and political contexts, the invisibility of actors, and its ahistorical character. To understand how ECCs evolve and change over time, I use a conceptual history approach to study the concept of (...) philanthropy, recently labeled as an ECC. Using France during classical modernity as a case study, I analyze key events and actors from the concept’s inception in 1712 as a virtue of the Enlightenment to its triumph after 1789 as a secular alternative to Catholic charity, until its decline at the end of the nineteenth century as a new consensus emerged around the concept of solidarity. By introducing the notion of historically contested concepts, I make several contributions to research on ECCs, conceptual contestation, and conceptual change. (shrink)

The literature on the metaphysics of gender is partially marked by a tension between conceptions that understand gender categories as importantly at least partly self-determined identities and those that understand them as social or cultural categories imposed upon others as a tool of oppression. I argue that this tension can be mediated by understanding gender categories as essentially contested. I then draw on “radical functionalism” to argue that, while, divorced of context, competing conceptions can simultaneously explicate an essentially (...) class='Hi'>contested concept, within context, some conceptions better meet background purposes underlying the use of the concept than others. (shrink)

In virtue of what are later and an earlier group members of one and the numerically same tradition? Gallie was one of the few philosophers to have engaged with issues surrounding this question. My article is not a faithful exegesis of Gallie but develops a terminology in which to discuss issues surrounding the numerical identity of a tradition over time, based on some of his insights.

Cancel culture is a form of societal self-defense that becomes prominent particularly during periods of substantial moral upheaval. It can lead to the polarization of incompatible viewpoints if it is indiscriminately demonized. In this brief editorial letter, I consider framing cancel culture as an essentially contested concept (ECC), according to the theory of Walter B. Gallie, with the aim of establishing a groundwork for a more productive discourse on it. In particular, I propose that intermediate agreements and principles of (...) reasonableness can help refocus the debate on cancel culture towards democratic discourse, without blanket justification for every instance. In this context, asserting that cancel culture is an ECC does not dismiss the potential of achieving consensus on its shared core meaning or societal role. Like other similar ECCs, such as democracy or rule of law, it highlights the importance of contestations in shaping our collective understanding of the concept. (shrink)

In recent years the term ‘recognition’ has been used in ever more variegated theoretical contexts. This article contributes to the discussion of how the concept(s) expressed by this term in different debates should be explicated and understood. For the most part it takes the concept itself as its topic rather than making theoretical use of it. Drawing on important work by Ikäheimo and Laitinen and taking Honneth’s tripartite distinction of recognition into love, respect, and esteem as a starting point it (...) introduces the conceptual distinction between recognitive attitudes, recognitive relations, and recognitive acts, discusses Brandom’s attempt at explaining self-consciousness in terms of reflexive recognition mediated by intersubjective recognitive relations and suggests some critical points on how Butler puts the concept of recognition to work in her conception of ethics. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied (...) when it is useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

Human nature has always been a foundational issue for philosophy. What does it mean to have a human nature? Is the concept the relic of a bygone age? What is the use of such a concept? What are the epistemic and ontological commitments people make when they use the concept? In What’s Left of Human Nature? Maria Kronfeldner offers a philosophical account of human nature that defends the concept against contemporary criticism. In particular, she takes on challenges related to social (...) misuse of the concept that dehumanizes those regarded as lacking human nature (the dehumanization challenge); the conflict between Darwinian thinking and essentialist concepts of human nature (the Darwinian challenge); and the consensus that evolution, heredity, and ontogenetic development results from nurture and nature. After answering each of these challenges, Kronfeldner presents a revisionist account of human nature that minimizes dehumanization and does not fall back on outdated biological ideas. Her account is post-essentialist because it eliminates the concept of an essence of being human; pluralist in that it argues that there are different things in the world that correspond to three different post-essentialist concepts of human nature; and interactive because it understands nature and nurture as interacting at the developmental, epigenetic, and evolutionary levels. On the basis of this, she introduces a dialectical concept of an ever-changing and “looping” human nature. Finally, noting the essentially contested character of the concept and the ambiguity and redundancy of the terminology, she wonders if we should simply eliminate the term “human nature” altogether. (shrink)

The starting point of this article is the undeniable experience of conscious willing despite its rejection by scientific research. The article starts a phenomenology of willing at the level of the phenomenon of willing itself, without assuming its embeddedness in a faculty of the soul, consciousness and so forth. After the introduction, a brief history of the philosophy of willing is provided, from which the paradoxical conclusion is drawn that, according to phenomenologists like Heidegger and his followers, the dominance of (...) the will is the main characteristic of the current age, whereas scientists deny the existence of a conscious will at all. Then, four structural moments of the phenomenon of willing are explored in contrast to traditional characterizations in order to rehabilitate and appreciate the phenomenon of willing in contemporary philosophy: the interconnectedness of the one who wills and that which is willed, the transcendence and demand character of that which is willed, the self-involvement of the one who wills and the ampliative nature of the act of willing. To this end, not only sources from the phenomenological tradition but also the affordance theory of the ecological psychologist James Gibson are critically discussed. (shrink)

Evaluative and normative terms and concepts are often said to be "essentially contestable". This notion has been used in political and legal theory and applied ethics to analyse disputes concerning the proper usage of terms like democracy, freedom, genocide, rape, coercion, and the rule of law. Many philosophers have also thought that essential contestability tells us something important about the evaluative in particular. Gallie (who coined the term), for instance, argues that the central structural features of essentially contestable (...) class='Hi'>concepts secure their evaluativeness. I'll argue that these (widely held) central features are exemplified by many evaluative and non-evaluative terms alike, owing to more general factors (such as multidimensionality) which have nothing in particular to do with being evaluative. The role of these factors in semantic interpretation is subject to a certain kind of "metasemantic" disputes which have the features of the disputes characteristically admitted by essentially contestable concepts (whether evaluative or not) and which can be similarly substantive and worthwhile. In closing I'll discuss how my argument shows that our understanding of evaluative disagreement needs refinement. The overall upshot is that essential contestability shows nothing deep or distinctive about the evaluative in particular. (shrink)

Two prevalent assumptions in the philosophy of sport literature are that all sports are games and that all games are contests, meant to determine who is the better at the skills definitive of the sport. If these are correct, it would follow that all sports are contests and that a range of sporting activities, including nature sports, are not in fact sports at all. This paper first confronts the notion that sport and games must seek to resolve skill superiority through (...) consideration of sport activities that have no such aim. The reduction of sport to game is also shown to be untenable and due to misunderstanding the point of sport activities, specifically, why people engage in them. This leads to reconsideration of the dominance of an instrumental conception of sport and the pursuit of excellence as anthropomaximising efficiency. The Norwegian tradition of frilutsliv is explored as a counterpoint to both conventional and nature sport. (shrink)

Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the (...) idea that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI. (shrink)

In light of the pragmatic aspirations of ordinary language philosophy, this essay critically examines the competing grammatical strictures that are often set forth within the theoretical discourse of 'power'. It repudiates both categorically appraisive employments of 'power' and the antithetical urge to fully operationalize the concept. It offers an attenuated defense of the thesis that 'power' is an essentially contestable concept, but rejects the notion that this linguistic fact stems from conflict between antipodal ideological paradigms. Careful attention to the ordinary (...) pragmatics of power-language evinces the prospects for integrating various context-specific aspects of power and mediating between traditionally divergent theoretical frameworks. (shrink)

The distinction between concept and conception has been widely debated in political philosophy, whereas in the philosophy of psychology is frequently used, but rarely focused on. This paper aims at filling in this lacuna. I claim that far from being explanatorily idle, the distinction makes it possible to provide an adequate description of phenomena such as genuine disagreement, and concept contestation, which would otherwise remain implausibly puzzling. I illustrate and assess three accounts of the concept-conception distinction. Finally I propose a (...) social externalist account, which relies on deference to experts, and builds on Tyler Burge’s ideas of many decades ago. The debate on concepts and conceptions thus shows a connection with the increasing research work on experts and expertise in psychology and social epistemology. (shrink)

The concept of the self is a highly contested topic. Traditionally it belonged to speculative metaphysics. Almost every philosopher, whether Western or Indian, has tried to explore the nature of self. Generally, the self is taken as a substance which has permanent existence, which is eternal and non-specio-temporal. In some traditions, like the Hindu tradition, it is believed to take rebirth as the body perishes. Many Western philosophers also think that it is immortal. The nature of the self also (...) has then ethical implications. The views of David Hume and Gautama Buddha on the self, which I have chosen to discuss here, are similar. Though both belong to different traditions, both are skeptical of any permanent existence of self. This is not to say that one has borrowed from the other. For the nature and purpose of denial of the self in both the philosophers is different. So a comprehensive and comparative study of their views is very interesting. It is the intention of this article to analyze and compare the philosophical positions of Gautama and Hume on the self—a problem which was of central concern to both and which has since exercised a continuing fascination for philosophers, both of the East and the West. (shrink)

Critics argue that non-cognitivism cannot adequately account for the existence and nature of some thick moral concepts. They use the existence of thick concepts as a lever in an argument against non-cognitivism, here called the Thick Concept Argument (TCA). While TCA is frequently invoked, it is unfortunately rarely articulated. In this paper, TCA is first reconstructed on the basis of John McDowell’s formulation of the argument (from 1981), and then evaluated in the light of several possible non-cognitivist responses. (...) In general, TCA assumes too much about what a non-cognitivist is (or must be) committed to. There are several non-cognitivist theories, and only some fit the view attacked by TCA. Furthermore, TCA rests on a contestable intuition about a thought experiment, here called the External Standpoint Experiment (ESE). It is concluded that TCA is remarkably weak, given how frequently the argument is invoked. (shrink)

This dissertation attempts to settle some challenging historiographic issues concerning the origin and development of the concept of economic equilibrium. Specifically, our research goal is to identify the philosophical and historical drivers of the mathematization of economic theory. To this end, we attempt to answer three fundamental research questions. First, why (and not how) has economics become a mathematical science? Second, what are the major methodological blunders that lie at the foundations of Modern General Equilibrium Theory? Third, is the contemporary (...) criticism of Modern General Equilibrium Theory meaningful and well-founded? In order, chapters 1-3 address the first question, chapters 4 and 5 address the second, whereas chapter 6 addresses the third question. Regarding the first question, we investigate the methodological relationships between Modern Physics, Modern Philosophy, and Walras’s Theory of General Equilibrium. Interestingly, our findings reveal that while the study of motion in Modern Physics relies upon a clear distinction between static and dynamic equilibrium, early mathematical economics borrows its methodology from Modern Physics but relies upon an Aristotelian conception of equilibrium. Furthermore, we identify exciting analogies between Kant’s philosophy and Walras’s Elements. Finally, we show that the so-called Walras Paradox also features another unexplored dimension. Namely, Walras’s work overall relies upon a bottom-up approach to mathematics. Yet Walras’s work includes problems that require a top-down approach to mathematics to be solved. Regarding the second question, we delve into the tight relationship between the History of Mathematics in the 19th Century, the Philosophy of Mathematics in the 20th Century, and the development of Modern General Equilibrium Theory in the 20th Century. Notably, we find that the top-down approach to mathematics provides economists with a reliable methodology to resolve the problems in Walras’s original work. Hence, the mathematization of General Equilibrium Theory in the 20th Century is a child of its time that carries the inapplicability of pure mathematics to real-world problems along with itself. Therefore, although the mathematization of General Equilibrium Theory is an unprecedented milestone in economic theory, the foundations of Modern General Equilibrium Theory inherit the methodological shortcomings of Contemporary Mathematics. That is why the Sonnenschein-Mantel-Debreu does not overtake the Aristotelian conception of equilibrium. Accordingly, we rebut the claim that Debreu and colleagues' mathematization of General Equilibrium Theory resolves the fundamental methodological shortcomings of Walras’s original work. Eventually, we use our answers to our first and second research questions to address the contemporary criticism of General Equilibrium Theory. On the one hand, we show that the latter criticism does not account for the fact that General Equilibrium Theory inherits the scientific realism and determinism of Modern Physics. In other words, we argue that the inability of General Equilibrium models to manage uncertainty effectively has nothing to do with its mathematization in the 20th Century. Instead, it results from the unexplored dimension of the Walras Paradox, which we uncover. On the other hand, we show that common accusations of inconsistency, incompleteness, and undecidability in General Equilibrium Theory are ill-founded. That is because other rigorous alternatives to axiomatization in economics are not paradox-free. On these grounds, we conclude that a much better option is to employ a topic-neutral language to provide rigorous presentations of contested concepts in economics. Particularly, we show that formal mereology offers a convenient methodological framework to resolve the disagreement between the Neoclassical and Institutionalist economists’ respective definitions of the concept of the market. In this way, we show that the latter concept is definable as a process. But, more importantly, we note that formal mereology also offers a convenient framework to reformulate other economic concepts concisely and rigorously. In this regard, we observe that formal mereology might provide a resolution for Hayek’s Problem because it would enable economists to define general equilibrium as a perduring socioeconomic process. -/- In case you want a copy of my dissertation, please email me. (shrink)

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the (...) book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India. (shrink)

The paper deals with visions of Kyiv in the writings of Russian and Ukrainian émigré writers during the interwar period. The city became a focal point of intensive intellectual debate whose participants regarded Kyiv not only as a place of a recent battleground but also as a sacral place and a highly symbolic image. Within the methodological framework of ethnic symbolism, this study attempts to explain how this physical/symbolic dichotomy was used to reinforce continuing claims for historical origin and cultural (...) heritage, thus serving the contemporary purpose of national identity and political legitimacy. It also deploys the concept of displacement as a complex process of negotiation between homeland and hostland within an émigré community — whose sense of loss and identity crisis creates additional impetus, though in different forms, for exploiting historical narratives. (shrink)

With regard to the new directions in the Humanities, here I am going to consider and examine the approach of al-Farabi as a medieval thinker in introducing a new outlook to “language” in difference with the other views. Thereby, I will explore his challenges in the frame of “philosophical humanism” as a term given by Arkoun (1970) and Kraemer (1984) to the humanism of the Islamic philosophers and their circles, mainly in the tenth and eleventh centuries. Al-Farabi’s conception of philosophical (...) humanism, in which philosophy is thick and religion is thin, makes its agony with the other versions of humanism and also orthodox Islam. It means that his introduction of a humanistic understanding of language should be placed in such a multi-level contested environment. According to al-Farabi, language as a universal category has relation with reason that logic should function as its proper instrument. As a result, there is no specific privileged predetermined language, but the position of any language is shaped by its relation with human reason and formal logic that is something human-made. And such a conception means language in human terms. Key Terms: Al-Farabi; Language; Philosophical Humanism; Arabic: Greek . (shrink)

The concept “immaterial labor” is one of the most hotly debated topics in contemporary social theory. In his 2007 work The Concept of Labor: Marx and His Critics, Sean Sayers offered an extensive response to several critical redefinitions of labor (Habermas, Benton, Arendt) and immaterial labor (Lazzarato, Hardt and Negri). Sayers returned to the subject in his more recent book, Marx and Alienation: Essays on Hegelian Themes.1 As one of the few accounts that contests the contemporary Marx critics with regard (...) to fundamental concepts such as labor and immaterial labor, his contribution should be taken seriously. (shrink)

While social geographers have convincingly made the case that space is not an external constant, but rather is produced through inter-relations, anthropologists and sociologists have done much to further an understanding of time, as itself constituted through social interaction and inter-relation. Their work suggests that time is not an apolitical background to social life, but shapes how we perceive and relate to others. For those interested in exploring issues such as identity, community and difference, this suggests that attending to how (...) temporal discourses are utilised in relation to these issues is a key task. This article seeks to contribute to an expansion of the debate about time and sociality by contributing an analysis of a variety of ways in which Gloria Anzaldúa utilises temporal concepts as part of her work of rethinking social identity and community. In particular, I suggest that in contesting homogeneous identity, Anzaldúa also implicitly contests linear temporal frameworks. Further, in creating new frameworks for identity, I suggest the possibility of discerning an alternative approach to time in her work that places difference at the heart of simultaneity. I suggest that the interconnection between concepts of time and community within Anzaldúa’s work indicates, more broadly, that attempts to rework understandings of relationality must be accompanied by reworked accounts of temporality. (shrink)

Cet article explore les conséquences pour le libéralisme politique de considérer l’existence d’un pluralisme raisonnable au sujet des différentes conceptions du juste. Comment une conception publique de la justice peut se développer malgré un désaccord raisonnable et profond sur les termes mêmes de cette justice ? En comparant le libertarisme, la justice comme équité et l’égalitarisme strict, il sera montré que les concepts fondamentaux de ces conceptions du juste sont essentiellement contestés. En guise de solution, deux conditions seront suggérées (...) afin de faire en sorte que la conception publique de la justice en soit une de tolérance politique : premièrement, elle devra se baser sur une liste de droits minimaux reconnus par les différentes conceptions raisonnables du juste; et deuxièmement, si la conception publique de la justice a pour ambition de se développer au-delà du dénominateur commun, elle devra offrir des mesures compensatoires à ceux supportant des conceptions du juste plus restrictives. À certains égards, cette problématique et ces accommodements s’apparentent à ce qui est déjà proposé au sujet de multiculturalisme. (shrink)

In a recent contribution to conceptual ethics, Joshua Habgood-Coote argues that philosophers should refrain from using the term “fake news,” which is commonly employed in public discussions focusing on the epistemic health of democracies. In this short discussion note, I take issue with this claim, discussing each of the three arguments advanced by Coote to support the conclusion that we should abandon this concept. First, I contend that although “fake news” is a contested concept, there is significant agreement among (...) contemporary philosophers about its key feature. Second, I argue against the claim that “fake news” is an unnecessary concept by underlying that it is not reducible to other terms we customarily use to describe the epistemic dysfunctions of democracies. Lastly, I suggest that using the term “fake news” need not serve propagandistic aims, and that philosophers can use this concept without engaging in epistemic policing, that is, commanding their interlocutors not to believe specific news stories or sources. (shrink)

La première préface à l’Histoire de la folie est un texte riche qui propose une conception originale de la culture : celle-ci se définirait non par ce qu’elle affirme, mais par ce qu’elle rejette. Or, s’il existe une littérature secondaire qui en fait mention, la préface n’est presque jamais traitée pour elle-même. Nous pensons pourtant qu’en plus d’offrir une conception de la culture, elle permet de penser l’œuvre et la folie à travers une certaine confrontation, à savoir celle entre la (...) dialectique et le tragique. C’est en suivant cette confrontation, voulue par Foucault, que nous dégagerons les points forts de la préface. On se demandera, enfin, si Foucault, dans ce texte, dispose des moyens pour mener la véritable confrontation des « dialectiques de l’histoire » ou si, comme le pensait Derrida, il ne s’agit que d’une contestation de l’ordre rationnel. (shrink)

This paper sets out the felicity conditions for metalinguistic proposals, a type of directive illocutionary act. It discusses the relevance of metalinguistic proposals and other metalinguistic directives for understanding both small- and large-scale linguistic engineering projects, essentially contested concepts, metalinguistic provocations, and the methodology of ordinary language philosophy. Metalinguistic proposals are compared with other types of linguistic interventions, including metalinguistic negotiation, conceptual engineering, lexical warfare, and ameliorative projects.

We start with the ambition -- dating back to the early days of the semantic web -- of assembling a significant portion human knowledge into a contradiction-free form using semantic web technology. We argue that this would not be desirable, because there are concepts, known as essentially contested concepts, whose definitions are contentious due to deep-seated ethical disagreements. Further, we argue that the ninetenth century hermeneutical tradition has a great deal to say, both about the ambition, and (...) about why it fails. We conclude with some remarks about statistics. (shrink)

What constitutes numerically one and the same tradition diachronically, at different times? This question is the focus of often violent dispute in societies. Is it capable of a rational resolution? Many accounts attempt that resolution with a diagnosis of ambiguity of the disputed concept-Islam, Marxism, or democracy for example. The diagnosis offered is in terms of vagueness, namely the vague criteria for sameness or similarity of central beliefs and practices.

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a (...) special kind: reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This paper calls into question the view typically attributed to Kant that aesthetic judgements are particularist, resisting all conceptual determination. Instead, it claims that Kant conceives of aesthetic judgements, particularly of art, as playing an important role in therevisionof concepts: one sense in which aesthetic judgements, as Kant defines them, ‘find a universal’ for a given particular. To understand the relation between artistic judgements and concepts requires that we consider what I call Kant’s diachronic account of aesthetic ideas, (...) or how such judgements unfold in the course of communication and reflection. My reading draws Kant much closer to debates in the philosophy of art on the semantic dimension of artworks. Here, illuminating the way in which aesthetic judgements about art can play a role in conceptual revision allows us to make sense of the way in which modern artworks contest concepts rather than merely presenting or expressing them. (shrink)

Articulating an account of food justice in isolation from broader questions about sustainability would leave many important normative issues unaddressed. This chapter explores the reasons for thinking that questions of food justice need to be framed within the context of the broader set of social and environmental goals that comprise sustainability. An initial difficulty faced by this proposal is that many philosophers (among others) have viewed the concept and norm of sustainability with suspicion. Reasons for this range from concern about (...) sustainability being hopelessly vague and hence useless for policy, to concern that interest in sustainability is just the latest cover for business as usual and thus a kind of betrayal of the environmental cause. While I believe such concerns are unconvincing, there is no question that sustainability is a contested concept—one that needs careful specification and defense if it is to do any work helping to frame discussions of food justice. This chapter maps three types of sustainability view, ranging from a minimalist to a very demanding view. Depending on the view of sustainability one adopts, there can be significantly different implications for how we should think about, and try to realize in practice, food justice. Some of these implications are explored with respect to each type of sustainability view sketched. (shrink)

Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way (...) in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)

Dark Tourism represents the intersection of reflections on mortality with the commodification and consumption of death as a tourist experience. It is a complex and contested concept that has been approached from a variety of theoretical standpoints. In this paper, I suggest that a phenomenological analysis of the experiences of those who engage in dark tourism can provide a means of approaching the subject that can both accommodate the diversity of experiences sought by the dark tourist, and deepen our (...) understanding of the nature and purpose of dark tourism. More specifically, I repurpose Cohen’s (Sociology 13(2):179–201, 1979) typology of tourist experience to suggest a phenomenological typology of dark tourist experiences. Following Cohen, I suggest that we can chart the dark tourist experience as a continuum ranging from a pleasure-seeking experience to a meaning-seeking experience, qualified by authenticity-seeking or alienation-avoiding motivations, and the individual tourist’s proximity to or distance from the “centre” of their worldview. Such an analysis allows us to differentiate between tourists whose motivations are more recreational in nature and those whose motivations are more existential. A phenomenological analysis also enables us to further differentiate amongst the different modes of existential experience sought by the “pure” dark tourist and to consider the conditions of possibility necessary for their realisation. (shrink)

Social norms – rules governing which behaviours are deemed appropriate or inappropriate within a given community – are typically taken to be uniquely human. Recently, this position has been challenged by a number of philosophers, cognitive scientists, and ethologists, who have suggested that social norms may also be found in certain non-human animal communities. Such claims have elicited considerable scepticism from norm cognition researchers, who doubt that any non-human animals possess the psychological capacities necessary for normative cognition. However, there is (...) little agreement among these researchers about what these psychological prerequisites are. This makes empirical study of animal social norms difficult, since it is not clear what we are looking for and thus what should count as behavioural evidence for the presence (or absence) of social norms in animals. To break this impasse, we offer an approach that moves beyond contested psychological criteria for social norms. This approach is inspired by the animal culture research program, which has made a similar shift away from heavily psychological definitions of ‘culture’ and to become organized around a cluster of more empirically tractable concepts of culture. Here, we propose an analogous set of constructs built around the core notion of a normative regularity, which we define as a socially maintained pattern of behavioural conformity within a community. We suggest methods for studying potential normative regularities in wild and captive primates. We also discuss the broader scientific and philosophical implications of this research program with respect to questions of human uniqueness, animal welfare and conservation. (shrink)

The concept of ‘living metaphor’ receives a number of articulations within metaphor theory. A review of four key theories – Nietzsche, Ricoeur, Lakoff and Johnson, and Derrida – reveals a distinction between theories which identify a prior, speculative nature working on or with metaphor, and theories wherein metaphor is shown to be performatively always, already active in thought. The two cannot be left as alternatives because they exhibit opposing theses with regard to the ontology of metaphor, but neither can an (...) impartial philosophical appraisal of the most cogent or defensible theory be made, since the status and conduct of philosophy are part of the problem. Two responses to the predicament from within ‘living metaphor’ theory are considered: (1) Lakoff and Johnson’s ecological spirituality thesis which promises to make the contest redundant on the grounds that the origin of human concepts in our shared, embodied condition in the world removes all obstructions; (2) taking the lead from Nietzsche and Ricoeur, an approach based on the intersection of discourses, not as a resolution but as a gesture which allows the conflict to speak about ‘living metaphor’. (1) is shown to be unsuccessful, but (2) results in ‘living metaphor’ emerging as an attentiveness to questions of what does and does not belong, inspired by tensions between ‘is’ and ‘is not’, ‘from this perspective’ and ‘from that perspective’, and ‘is spoken about’ and ‘is spoken with’. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a (...) lack of fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

This conference paper contests the validity of some traditional concepts of gardens. It introduces the possibility of considering the passage of time in gardens as a musical, rhythmic phenomonen.

What is properly Emersonian about moral perfectionism? Perhaps the best answer is: not much. Stanley Cavell's signature concept, which claims close kinship to Emerson's ethical philosophy, seems upon careful examination to be rather far removed from it. Once we get past the broad, unproblematic appeals to Emerson's “unattained but attainable self,” and consider the specific content and implications of perfectionism, the differences between the two thinkers become too substantive – and too fraught with serious misunderstandings – to be ignored. It (...) is above all Cavell's complete disregard for the Emersonian “moral sentiment” that jeopardizes his claim to be a continuator of Emerson's legacy in ethical philosophy. I would not deny that Cavell's own work stands as an extraordinary contribution to contemporary ethics. Nor would I dispute his title as the living philosopher who has done more than any other to restore Emerson to his rightful place in the history of American philosophy, as a thinker worthy of the highest consideration. Still less would I discount the boldness and originality of Cavell's readings of Emerson. What I am contesting, rather, is the propriety of attaching the label “Emersonian” to the notion of perfectionism, especially in view of its strong anti-metaphysical bias. The Emerson canon provides ample grounds for rejecting Cavell's claim as largely unsubstantiated and in a number of crucial ways inconsistent with the moral sentiment's firm grounding of ethics in ontology. (shrink)

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be (...) a kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)

The goal of this short chapter, aimed at philosophers, is to provide an overview and brief explanation of some central concepts involved in predictive processing (PP). Even those who consider themselves experts on the topic may find it helpful to see how the central terms are used in this collection. To keep things simple, we will first informally define a set of features important to predictive processing, supplemented by some short explanations and an alphabetic glossary. -/- The features described (...) here are not shared in all PP accounts. Some may not be necessary for an individual model; others may be contested. Indeed, not even all authors of this collection will accept all of them. To make this transparent, we have encouraged contributors to indicate briefly which of the features are necessary to support the arguments they provide, and which (if any) are incompatible with their account. For the sake of clarity, we provide the complete list here, very roughly ordered by how central we take them to be for “Vanilla PP” (i.e., a formulation of predictive processing that will probably be accepted by most researchers working on this topic). More detailed explanations will be given below. Note that these features do not specify individually necessary and jointly sufficient conditions for the application of the concept of “predictive processing”. All we currently have is a semantic cluster, with perhaps some overlapping sets of jointly sufficient criteria. The framework is still developing, and it is difficult, maybe impossible, to provide theory-neutral explanations of all PP ideas without already introducing strong background assumptions. (shrink)

Can we design a perfect democratic decision procedure? Condorcet famously observed that majority rule, our paradigmatic democratic procedure, has some desirable properties, but sometimes produces inconsistent outcomes. Revisiting Condorcet’s insights in light of recent work on the aggregation of judgments, I show that there is a conflict between three initially plausible requirements of democracy: “robustness to pluralism”, “basic majoritarianism”, and “collective rationality”. For all but the simplest collective decision problems, no decision procedure meets these three requirements at once; at most (...) two can be met together. This “democratic trilemma” raises the question of which requirement to give up. Since different answers correspond to different views about what matters most in a democracy, the trilemma suggests a map of the “logical space” in which different conceptions of democracy are located. It also sharpens our thinking about other impossibility problems of social choice and how to avoid them, by capturing a core structure many of these problems have in common. More broadly, it raises the idea of “cartography of logical space” in relation to contested political concepts. (shrink)

Genocide remembrance is a complex epistemological/ethical achievement, whereby survivors and descendants give meaning to the past in the quest for both personal-historical and social-historical truth. This paper offers an argument of epistemic injustice specifically as it occurs in relation to practices of (individual and collective) genocide remembrance. In particular, I argue that under conditions of genocide denialism, understood as collective genocide misremembrance and memory distortion, genocide survivors and descendants are confronted with hermeneutical oppression. Drawing on Sue Campbell’s relational, reconstructive account (...) of remembering, I argue that genocide denialism involves disrespectful challenges to memory, which systematically misrecognize rememberers. Adopting the case of Turkey’s denialism of the Armenian genocide, I discuss two interrelated mechanisms through which this can happen: i) through the systematic portrayal of survivors and descendants as vicious rememberers, and ii) through distortions of the very concept of ‘genocide’. Based on this, I show how hermeneutical and testimonial injustice are crucially interrelated when it comes to “contested” memories of historical injustice and the biographical testimony it gives rise to. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which (...) results from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

The role of probability is one of the most contested issues in the interpretation of contemporary physics. In this paper, I’ll be reevaluating some widely held assumptions about where and how probabilities arise. Larry Sklar voices the conventional wisdom about probability in classical physics in a piece in the Stanford Online Encyclopedia of Philosophy, when he writes that “Statistical mechanics was the first foundational physical theory in which probabilistic concepts and probabilistic explanation played a fundamental role.” And the (...) conventional wisdom about quantum probabilities is that they are basic, not reducible to the types of probabilities we see in statistical mechanics. In the first section of this paper, I’ll argue that in fact classical physics was steeped in probability long before statistical mechanics came on the scene, specifically, that an objective measure over phase space is an indispensable component of any informative physical theory. In the next section, I’ll argue that this objective measure is the fundamental form of physical probability and that quantum probabilities can be defined in terms of it. In the last, I’ll raise some questions about the metaphysical status of the fundamental measure. (shrink)

The conceptualisation of kinship and its study remain contested within anthropology. This paper draws on recent cognitive science, developmental cognitive psychology, and the philosophy of science to offer a novel argument for a view of kinship as progeneratively or reproductively constrained. I shall argue that kinship involves a form of extended cognition that incorporates progenerative facts, going on to show how the resulting articulation of kinship’s progenerative nature can be readily expressed by an influential conception of kinds, the homeostatic (...) property cluster view. Identifying the distinctive role that our extended cognitive access to progenerative facts plays in kinship delivers an integrative, progenerativist view that avoids standard performativist criticisms of progenerativism as being ethnocentric, epistemically naïve, and reductive. (shrink)

An important theme running through D.H. Mellor’s work is his realism, or as I shall call it, his objectivism: the idea that reality as such is how it is, regardless of the way we represent it, and that philosophical error often arises from confusing aspects of our subjective representation of the world with aspects of the world itself. Thus central to Mellor’s work on time has been the claim that the temporal A-series (previously called ‘tense’) is unreal while the B-series (...) (the series of ‘dates’) is real. The A-series is something which is a product of our representation of the world, but not a feature of reality itself. And in other, less central, areas of his work, this kind of theme has been repeated: ‘Objective decision making’ (1980) argues that the right way to understand decision theory is as a theory of what is the objectively correct decision, the one that will actually as a matter of fact achieve your intended goal, rather than the one that is justified purely in terms of what you believe, regardless of whether the belief is true or false. ‘I and now’ (1989) argues against a substantial subjective conception of the self, using analogies between subjective and objective ways of thinking about time and subjective and objective ways of thinking about the self. And in the paper which shall be the focus of my attention here, ‘Nothing like experience’ (1992), Mellor contests arguments which try and derive anti-physicalist conclusions from reflections on the subjective character of experience. A common injunction is detectable: when doing metaphysics, keep the subjective where it belongs: inside the subject’s representation of the world. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)